Section § 2079

Explanation

Real estate brokers and salespeople in California must carefully inspect residential properties with up to four dwelling units or a manufactured home before a sale. If they have a contract with the seller, they need to tell potential buyers about any issues that could affect the property's value or appeal, noticeable through a thorough inspection. They also must follow professional conduct standards set by related rules and regulations.

(a)CA Civil Law Code § 2079(a) It is the duty of a real estate broker or salesperson, licensed under Division 4 (commencing with Section 10000) of the Business and Professions Code, to a prospective buyer of residential real property improved with one to four dwelling units or a manufactured home as defined in Section 18007 of the Health and Safety Code, to conduct a reasonably competent and diligent visual inspection of the property offered for sale and to disclose to that prospective buyer all facts materially affecting the value or desirability of the property that an investigation would reveal, if that broker has a written contract with the seller to find or obtain a buyer or is a broker who acts in cooperation with that broker to find and obtain a buyer.
(b)CA Civil Law Code § 2079(b) It is the duty of a real estate broker or salesperson, licensed under Division 4 (commencing with Section 10000) of the Business and Professions Code, to comply with this section and any regulations imposing standards of professional conduct adopted pursuant to Section 10080 of the Business and Professions Code with reference to Sections 10176 and 10177 of the Business and Professions Code.

Section § 2079.1

Explanation

This law says that rules about the sale of homes with one to four units also apply when there is a lease with an option to buy, a long-term lease of land with homes, or certain property sales contracts.

The provisions of this article relating sale transactions of residential real property comprising one to four dwelling units apply with equal force to leases of that property that include an option to purchase, ground leases of land on which one to four dwelling units have been constructed, or real property sales contracts, as defined in Section 2985, for that property.

Section § 2079.10

Explanation

This section explains that if a buyer receives an informational booklet about home energy ratings or water conservation when buying a property, the seller or broker doesn't have to give more details beyond what's in the booklet. The booklet is considered enough to inform the buyer about these programs. However, sellers and brokers still have to follow all other legal responsibilities they have to disclose certain information about the property, as required by other laws.

(a)CA Civil Law Code § 2079.10(a) If the informational booklet published pursuant to Section 25402.9 of the Public Resources Code, concerning the statewide home energy rating program adopted pursuant to Section 25942 of the Public Resources Code, is delivered to a buyer in connection with the sale of real property, including, but not limited to, property specified in Section 1102, manufactured homes as defined in Section 18007 of the Health and Safety Code, and property subject to Chapter 7.5 (commencing with Section 2621) of Division 2 of the Public Resources Code, the seller or broker is not required to provide information additional to that contained in the booklet concerning home energy ratings, and the information in the booklet shall be deemed to be adequate to inform the buyer about the existence of a statewide home energy rating program.
(b)CA Civil Law Code § 2079.10(b) Notwithstanding subdivision (a), nothing in this section alters any existing duty of the seller or broker under any other law including, but not limited to, the duties of a seller or broker under this article, Article 1.5 (commencing with Section 1102) of Chapter 2 of Title 4 of Part 4 of Division 2 of the Civil Code, or Chapter 7.5 (commencing with Section 2621) of Division 2 of the Public Resources Code, to disclose information concerning the existence of a home energy rating program affecting the real property.
(c)CA Civil Law Code § 2079.10(c) If the informational booklet or materials described in Section 375.5 of the Water Code concerning water conservation and water conservation programs are delivered to a buyer in connection with the sale of real property, including property described in subdivision (a), the seller or broker is not required to provide information concerning water conservation and water conservation programs that is additional to that contained in the booklet or materials, and the information in the booklet or materials shall be deemed to be adequate to inform the buyer about water conservation and water conservation programs.

Section § 2079.10a

Explanation

This law requires certain notices in rental agreements and home sales contracts about a database of registered sex offenders. For agreements made after July 1, 1999, the notice must be in at least 8-point type. Contracts from 1999 to early 2006 have different notice requirements. After April 1, 2006, contracts must include information directing people to a state website where they can find information on registered sex offenders. The seller or lessor doesn't need to provide additional information beyond the notice, nor does it create liability for them. However, this does not change any other legal duties they might have.

(a)CA Civil Law Code § 2079.10a(a) Every lease or rental agreement for single-family residential real property entered into on or after July 1, 1999, any leasehold interest in real property consisting of multiunit residential property with more than four dwelling units entered into after that date, and every contract for the sale of residential real property comprised of one to four dwelling units entered into on or after that date, shall contain, in not less than 8-point type, a notice as specified in paragraph (1), (2), or (3).
(1)CA Civil Law Code § 2079.10a(a)(1) A contract entered into by the parties on or after July 1, 1999, and before September 1, 2005, shall contain the following notice:
Notice: The California Department of Justice, sheriff’s departments, police departments serving jurisdictions of 200,000 or more, and many other local law enforcement authorities maintain for public access a database of the locations of persons required to register pursuant to subdivision (a) of Section 290.4 of the Penal Code. The database is updated on a quarterly basis and is a source of information about the presence of these individuals in any neighborhood. The Department of Justice also maintains a Sex Offender Identification Line through which inquiries about individuals may be made. This is a “900” telephone service. Callers shall have specific information about individuals they are checking. Information regarding neighborhoods is not available through the “900” telephone service.
(2)CA Civil Law Code § 2079.10a(2) A contract entered into by the parties on or after September 1, 2005, and before April 1, 2006, shall contain either the notice specified in paragraph (1) or the notice specified in paragraph (3).
(3)CA Civil Law Code § 2079.10a(3) A contract entered into by the parties on or after April 1, 2006, shall contain the following notice:
Notice: Pursuant to Section 290.46 of the Penal Code, information about specified registered sex offenders is made available to the public via an Internet Web site maintained by the Department of Justice at www.meganslaw.ca.gov. Depending on an offender’s criminal history, this information will include either the address at which the offender resides or the community of residence and ZIP Code in which the offender resides.
(b)CA Civil Law Code § 2079.10a(b) Subject to subdivision (c), upon delivery of the notice to the lessee or buyer of the real property, the lessor, seller, or broker is not required to provide information in addition to that contained in the notice regarding the proximity of registered sex offenders. The information in the notice shall be deemed to be adequate to inform the lessee or buyer about the existence of a statewide database of the locations of registered sex offenders and information from the database regarding those locations. The information in the notice shall not give rise to any cause of action against the disclosing party by a registered sex offender.
(c)CA Civil Law Code § 2079.10a(c) Notwithstanding subdivisions (a) and (b), nothing in this section shall alter any existing duty of the lessor, seller, or broker under any other statute or decisional law including, but not limited to, the duties of a lessor, seller, or broker under this article, or the duties of a seller or broker under Article 1.5 (commencing with Section 1102) of Chapter 2 of Title 4 of Part 4 of Division 2.

Section § 2079.11

Explanation

This law states that, generally, consumer information brochures, like those about real estate or energy efficiency, should be freely available to the public. However, there's an exception for the Seismic Safety Commission's Earthquake Safety Guide, which can be sold to the public at cost. Vendors can reproduce and publish this guide for free as long as they get the content approved by the commission first.

(a)CA Civil Law Code § 2079.11(a) Except as provided in subdivision (b), to the extent permitted by law, the consumer information publications referred to in this article, including, but not limited to, the information booklets described in Section 10084.1 of the Business and Professions Code and Section 25402.9 of the Public Resources Code, shall be in the public domain and freely available.
(b)CA Civil Law Code § 2079.11(b) Notwithstanding subdivision (a), the Seismic Safety Commission’s Homeowner’s Guide to Earthquake Safety, published pursuant to Section 10149 of the Business and Professions Code, shall be made available to the public at cost and for reproduction at no cost to any vendor who wishes to publish the guide, provided the vendor agrees to submit the guide to the commission prior to publication for content approval.

Section § 2079.12

Explanation

This section explains that a previous court case, Easton v. Strassburger, left real estate agents unclear about their responsibilities because the decision was vague. This caused issues with insurance. The law aims to clarify those duties, make them clear for real estate agents, and ensure that there is professional liability insurance available for customers. This move clarifies what real estate agents are expected to do without changing their existing duties, allowing courts to interpret these requirements based on common sense and previous legal practices.

(a)CA Civil Law Code § 2079.12(a) The Legislature hereby finds and declares all of the following:
(1)CA Civil Law Code § 2079.12(a)(1) That the imprecision of terms in the opinion rendered in Easton v. Strassburger, 152 Cal. App. 3d 90, and the absence of a comprehensive declaration of duties, standards, and exceptions, has caused insurers to modify professional liability coverage of real estate licensees and has caused confusion among real estate licensees as to the manner of performing the duty ascribed to them by the court.
(2)CA Civil Law Code § 2079.12(a)(2) That it is necessary to resolve and make precise these issues in an expeditious manner.
(3)CA Civil Law Code § 2079.12(a)(3) That it is desirable to facilitate the issuance of professional liability insurance as a resource for aggrieved members of the public.
(4)CA Civil Law Code § 2079.12(a)(4) That Sections 2079 to 2079.6, inclusive, of this article should be construed as a definition of the duty of care found to exist by the holding of Easton v. Strassburger, 152 Cal. App. 3d 90, and the manner of its discharge, and is declarative of the common law regarding this duty. However, nothing in this section is intended to affect the court’s ability to interpret Sections 2079 to 2079.6, inclusive.
(b)CA Civil Law Code § 2079.12(b) It is the intent of the Legislature to codify and make precise the holding of Easton v. Strassburger, 152 Cal. App. 3d 90. It is not the intent of the Legislature to modify or restrict existing duties owed by real estate licensees.

Section § 2079.13

Explanation

This law section defines key terms used in real estate transactions. It explains roles like 'agent', who handles property sales, acts for both buyer and seller, or works with brokers; 'buyer', anyone looking to purchase property, including lessees; and 'seller', the person transferring property. It also defines what counts as 'real property', covering various property types except for single-family homes, some mobile homes, and vacant land. 'Dual agent' refers to agents working for both buyers and sellers, while 'listing agreement', 'offer to purchase', 'listing price' and 'offering price' outline components of buying and selling processes. Terms related to property type distinctions, like 'commercial real property', are included, along with agreements like 'buyer-broker representation'.

As used in this section and Sections 2079.7 and 2079.14 to 2079.24, inclusive, the following terms have the following meanings:
(a)CA Civil Law Code § 2079.13(a) “Agent” means a person acting under provisions of Title 9 (commencing with Section 2295) in a real property transaction, and includes a person who is licensed as a real estate broker under Chapter 3 (commencing with Section 10130) of Part 1 of Division 4 of the Business and Professions Code, and under whose license a listing is executed or an offer to purchase is obtained.
The agent in the real property transaction bears responsibility for that agent’s salespersons or broker associates who perform as agents of the agent. When a salesperson or broker associate owes a duty to any principal, or to any buyer or seller who is not a principal, in a real property transaction, that duty is equivalent to the duty owed to that party by the broker for whom the salesperson or broker associate functions.
(b)CA Civil Law Code § 2079.13(b) “Buyer” means a transferee in a real property transaction, and includes a person who executes an offer to purchase real property from a seller through an agent, or who seeks the services of an agent in more than a casual, transitory, or preliminary manner, with the object of entering into a real property transaction. “Buyer” includes a vendee or lessee of real property.
(c)CA Civil Law Code § 2079.13(c) “Commercial real property” means all real property in the state, except (1) single-family residential real property, (2) dwelling units made subject to Chapter 2 (commencing with Section 1940) of Title 5, (3) a mobilehome, as defined in Section 798.3, (4) vacant land, or (5) a recreational vehicle, as defined in Section 799.29.
(d)CA Civil Law Code § 2079.13(d) “Dual agent” means an agent acting, either directly or through a salesperson or broker associate, as agent for both the seller and the buyer in a real property transaction.
(e)CA Civil Law Code § 2079.13(e) “Listing agreement” means a written contract between a seller of real property and an agent, by which the agent has been authorized to sell the real property or to find or obtain a buyer, including rendering other services for which a real estate license is required to the seller pursuant to the terms of the agreement.
(f)CA Civil Law Code § 2079.13(f) “Seller’s agent” means a person who has obtained a listing of real property to act as an agent for compensation.
(g)CA Civil Law Code § 2079.13(g) “Listing price” is the amount expressed in dollars specified in the listing for which the seller is willing to sell the real property through the seller’s agent.
(h)CA Civil Law Code § 2079.13(h) “Offering price” is the amount expressed in dollars specified in an offer to purchase for which the buyer is willing to buy the real property.
(i)CA Civil Law Code § 2079.13(i) “Offer to purchase” means a written contract executed by a buyer acting through a buyer’s agent that becomes the contract for the sale of the real property upon acceptance by the seller.
(j)CA Civil Law Code § 2079.13(j) “Real property” means any estate specified by subdivision (1) or (2) of Section 761 in property, and includes (1) single-family residential property, (2) multiunit residential property with more than four dwelling units, (3) commercial real property, (4) vacant land, (5) a ground lease coupled with improvements, or (6) a manufactured home as defined in Section 18007 of the Health and Safety Code, or a mobilehome as defined in Section 18008 of the Health and Safety Code, when offered for sale or sold through an agent pursuant to the authority contained in Section 10131.6 of the Business and Professions Code.
(k)CA Civil Law Code § 2079.13(k) “Real property transaction” means a transaction for the sale of real property in which an agent is retained by a buyer, seller, or both a buyer and seller to act in that transaction, and includes a listing or an offer to purchase.
(l)CA Civil Law Code § 2079.13(l) “Single-family residential property” or “single-family residential real property” means any of the following:
(1)CA Civil Law Code § 2079.13(l)(1) Real property improved with one to four dwelling units, including a leasehold exceeding one year’s duration.
(2)CA Civil Law Code § 2079.13(l)(2) A unit in a residential stock cooperative, condominium, or planned unit development.
(3)CA Civil Law Code § 2079.13(l)(3) A mobilehome or manufactured home when offered for sale or sold through a real estate broker pursuant to Section 10131.6 of the Business and Professions Code.
(m)CA Civil Law Code § 2079.13(m) “Sell,” “sale,” or “sold” refers to a transaction for the transfer of real property from the seller to the buyer and includes exchanges of real property between the seller and buyer, transactions for the creation of a real property sales contract within the meaning of Section 2985, and transactions for the creation of a leasehold exceeding one year’s duration.
(n)CA Civil Law Code § 2079.13(n) “Seller” means the transferor in a real property transaction and includes an owner who lists real property with an agent, whether or not a transfer results, or who receives an offer to purchase real property of which they are the owner from an agent on behalf of another. “Seller” includes both a vendor and a lessor of real property.
(o)CA Civil Law Code § 2079.13(o) “Buyer’s agent” means an agent who represents a buyer in a real property transaction.
(p)CA Civil Law Code § 2079.13(p) “buyer-broker representation agreement” means a written contract between a buyer of real property and a buyer’s agent by which the buyer’s agent has been authorized by the buyer to provide services set forth in subdivision (a) of Section 10131 of the Business and Professions Code for or on behalf of the buyer for which a real estate license is required pursuant to the terms of the contract.

Section § 2079.14

Explanation

This law mandates that in real estate transactions, a specific disclosure form must be given to both the buyer and the seller at key points. The seller's agent must provide this form to the seller before signing a listing agreement. The buyer's agent must give the form to the buyer before signing a buyer-broker agreement and before the buyer makes an offer to purchase. If the purchase offer isn't created by the buyer's agent, the form should be delivered by the next business day. Agents must also get a signed acknowledgment from the buyer or seller to confirm receipt, with some exceptions.

(a)CA Civil Law Code § 2079.14(a) A copy of the disclosure form specified in Section 2079.16 shall be provided in a real property transaction as follows:
(1)CA Civil Law Code § 2079.14(a)(1) The seller’s agent, if any, shall provide the disclosure form to the seller before entering into the listing agreement.
(2)CA Civil Law Code § 2079.14(a)(2) The buyer’s agent shall provide the disclosure form to the buyer as soon as practicable before execution of a buyer-broker representation agreement and execution of the buyer’s offer to purchase. If the offer to purchase is not prepared by the buyer’s agent, the buyer’s agent shall present the disclosure form to the buyer not later than the next business day after receiving the offer to purchase from the buyer.
(b)CA Civil Law Code § 2079.14(b) The agent providing the disclosure form specified in Section 2079.16 shall obtain a signed acknowledgment of receipt from the buyer or seller except as provided in Section 2079.15.

Section § 2079.15

Explanation

If a seller or buyer won't sign a receipt as required, the agent must write down the details, including the date and their signature, explaining why the person refused.

In any circumstance in which the seller or buyer refuses to sign an acknowledgment of receipt pursuant to Section 2079.14, the agent shall set forth, sign, and date a written declaration of the facts of the refusal.

Section § 2079.16

Explanation

When you're dealing with real estate transactions in California, it's important to know what kind of relationship you have with your real estate agent. The disclosure form you receive will explain whether the agent is representing only the seller, only the buyer, or both. Agents have different responsibilities depending on this relationship, such as being honest and disclosing important property information. However, they don't need to reveal confidential details unless it affects their duties. Buyers and sellers also need to protect their own interests and might need to seek additional professional advice for legal or tax issues. Make sure any documents you sign accurately reflect your understanding of your relationship with the agent.

The disclosure form required by Section 2079.14 shall have Sections 2079.13 to 2079.24, inclusive, excluding this section, printed on the back, and on the front of the disclosure form the following shall appear:
When you enter into a discussion with a real estate agent regarding a real estate transaction, you should from the outset understand what type of agency relationship or representation you wish to have with the agent in the transaction.
A Seller’s agent under a listing agreement with the Seller acts as the agent for the Seller only. A Seller’s agent or a subagent of that agent has the following affirmative obligations:
To the Seller:
A fiduciary duty of utmost care, integrity, honesty, and loyalty in dealings with the Seller.
To the Buyer and the Seller:
(a)CA Civil Law Code § 2079.16(a) Diligent exercise of reasonable skill and care in performance of the agent’s duties.
(b)CA Civil Law Code § 2079.16(b) A duty of honest and fair dealing and good faith.
(c)CA Civil Law Code § 2079.16(c) A duty to disclose all facts known to the agent materially affecting the value or desirability of the property that are not known to, or within the diligent attention and observation of, the parties.
An agent is not obligated to reveal to either party any confidential information obtained from the other party that does not involve the affirmative duties set forth above.
A Buyer’s agent can, with a Buyer’s consent, agree to act as agent for the Buyer only. This includes a Buyer’s agent under a buyer-broker representation agreement with the Buyer. In these situations, the agent is not the Seller’s agent, even if by agreement the agent may receive compensation for services rendered, either in full or in part from the Seller. An agent acting only for a Buyer has the following affirmative obligations:
To the Buyer:
A fiduciary duty of utmost care, integrity, honesty, and loyalty in dealings with the Buyer.
To the Buyer and the Seller:
(a)CA Civil Law Code § 2079.16(a) Diligent exercise of reasonable skill and care in performance of the agent’s duties.
(b)CA Civil Law Code § 2079.16(b) A duty of honest and fair dealing and good faith.
(c)CA Civil Law Code § 2079.16(c) A duty to disclose all facts known to the agent materially affecting the value or desirability of the property that are not known to, or within the diligent attention and observation of, the parties. An agent is not obligated to reveal to either party any confidential information obtained from the other party that does not involve the affirmative duties set forth above.
A real estate agent, either acting directly or through one or more salespersons and broker associates, can legally be the agent of both the Seller and the Buyer in a transaction, but only with the knowledge and consent of both the Seller and the Buyer.
In a dual agency situation, the agent has the following affirmative obligations to both the Seller and the Buyer:
(a)CA Civil Law Code § 2079.16(a) A fiduciary duty of utmost care, integrity, honesty, and loyalty in the dealings with either the Seller or the Buyer.
(b)CA Civil Law Code § 2079.16(b) Other duties to the Seller and the Buyer as stated above in their respective sections.
In representing both Seller and Buyer, a dual agent may not, without the express permission of the respective party, disclose to the other party confidential information, including, but not limited to, facts relating to either the Buyer’s or Seller’s financial position, motivations, bargaining position, or other personal information that may impact price, including the Seller’s willingness to accept a price less than the listing price or the Buyer’s willingness to pay a price greater than the price offered.
Either the purchase agreement or a separate document will contain a confirmation of which agent is representing you and whether that agent is representing you exclusively in the transaction or acting as a dual agent. Please pay attention to that confirmation to make sure it accurately reflects your understanding of your agent’s role.
The above duties of the agent in a real estate transaction do not relieve a Seller or Buyer from the responsibility to protect their own interests. You should carefully read all agreements to assure that they adequately express your understanding of the transaction. A real estate agent is a person qualified to advise about real estate. If legal or tax advice is desired, consult a competent professional.
If you are a Buyer, you have the duty to exercise reasonable care to protect yourself, including as to those facts about the property which are known to you or within your diligent attention and observation.
Both Sellers and Buyers should strongly consider obtaining tax advice from a competent professional because the federal and state tax consequences of a transaction can be complex and subject to change.
Throughout your real property transaction you may receive more than one disclosure form, depending upon the number of agents assisting in the transaction. The law requires each agent with whom you have more than a casual relationship to present you with this disclosure form. You should read its contents each time it is presented to you, considering the relationship between you and the real estate agent in your specific transaction.
This disclosure form includes the provisions of Sections 2079.13 to 2079.24, inclusive, of the Civil Code set forth on the reverse hereof. Read it carefully.
Agent(date)
Buyer/Seller(date)
(Signature)
Salesperson or Broker Associate, if any(date)
Buyer/Seller(date)
(Signature)
(Signature)

Section § 2079.17

Explanation

In a real estate transaction, the agent working for the buyer or the seller must clearly let both parties know as soon as possible whether they represent only one side or both sides (that is, whether they are a dual agent). This information must be documented either in the property contract or in a separate written document signed by everyone involved. The specifics of this relationship have to be confirmed using a standard form where roles are clearly checked and identified. This legal obligation is in addition to other disclosure rules and can be taken care of by any salesperson or broker associate connected to the main broker.

(a)CA Civil Law Code § 2079.17(a) As soon as practicable, the buyer’s agent shall disclose to the buyer and seller whether the agent is acting in the real property transaction as the buyer’s agent, or as a dual agent representing both the buyer and the seller. This relationship shall be confirmed in the contract to purchase and sell real property or in a separate writing executed or acknowledged by the seller, the buyer, and the buyer’s agent prior to or coincident with execution of that contract by the buyer and the seller, respectively.
(b)CA Civil Law Code § 2079.17(b) As soon as practicable, the seller’s agent shall disclose to the seller whether the seller’s agent is acting in the real property transaction as the seller’s agent, or as a dual agent representing both the buyer and seller. This relationship shall be confirmed in the contract to purchase and sell real property or in a separate writing executed or acknowledged by the seller and the seller’s agent prior to or coincident with the execution of that contract by the seller.
(c)CA Civil Law Code § 2079.17(c) The confirmation required by subdivisions (a) and (b) shall be in the following form:
(Name of Seller’s Agent, Brokerage firm and license number) _____
is the broker of (check one):
[ ]the seller; or
[ ]both the buyer and seller. (dual agent)
(Name of Seller’s Agent and license number) _____
is (check one):
[ ]is the Seller’s Agent. (salesperson or broker associate)
[ ]is both the Buyer’s and Seller’s Agent. (dual agent)
_____ (Name of Buyer’s Agent, Brokerage firm and license number) _____
is the broker of (check one):
[ ]the buyer; or
[ ]both the buyer and seller. (dual agent)
(Name of Buyer’s Agent and license number) _____
is (check one):
[ ]the Buyer’s Agent. (salesperson or broker associate)
[ ]both the Buyer’s and Seller’s Agent. (dual agent)
(d)CA Civil Law Code § 2079.17(d) The disclosures and confirmation required by this section shall be in addition to the disclosure required by Section 2079.14. An agent’s duty to provide disclosure and confirmation of representation in this section may be performed by a real estate salesperson or broker associate affiliated with that broker.

Section § 2079.19

Explanation

This law explains that just because a seller or buyer pays an agent, it doesn't automatically define the kind of relationship they have with that agent. Additionally, agents involved in a real estate transaction can agree on how they'll share any commissions or compensation, but this agreement alone doesn't define their relationships with the buyer or seller.

The payment of compensation or the obligation to pay compensation to an agent by the seller or buyer is not necessarily determinative of a particular agency relationship between an agent and the seller or buyer. A listing agent and a selling agent may agree to share any compensation or commission paid, or any right to any compensation or commission for which an obligation arises as the result of a real estate transaction, and the terms of any such agreement shall not necessarily be determinative of a particular relationship.

Section § 2079.2

Explanation

A real estate broker in California is expected to act with the same level of care and competence as any other careful and knowledgeable real estate professional. This means they should have the education, experience, and understanding needed to get their real estate license in the state.

The standard of care owed by a broker under this article is the degree of care that a reasonably prudent real estate licensee would exercise and is measured by the degree of knowledge through education, experience, and examination, required to obtain a license under Division 4 (commencing with Section 10000) of the Business and Professions Code.

Section § 2079.20

Explanation

This law states that an agent isn't stopped from choosing a certain type of working relationship as long as it follows the rules in Sections 2079.14 and 2079.17, and it's not specifically against this article's guidelines.

Nothing in this article prevents an agent from selecting, as a condition of the agent’s employment, a specific form of agency relationship not specifically prohibited by this article if the requirements of Section 2079.14 and Section 2079.17 are complied with.

Section § 2079.21

Explanation

This law states that a dual agent, someone representing both the buyer and seller in a real estate deal, cannot disclose confidential information from one party to the other without express permission. Confidential information includes things like financial situation or how much the buyer or seller might be willing to pay or accept. The rule stresses that confidentiality, especially about the potential price, must be maintained, but it doesn't change any other responsibilities the agent has to clients.

(a)CA Civil Law Code § 2079.21(a) A dual agent may not, without the express permission of the seller, disclose to the buyer any confidential information obtained from the seller.
(b)CA Civil Law Code § 2079.21(b) A dual agent may not, without the express permission of the buyer, disclose to the seller any confidential information obtained from the buyer.
(c)CA Civil Law Code § 2079.21(c) “Confidential information” means facts relating to the client’s financial position, motivations, bargaining position, or other personal information that may impact price, such as the seller is willing to accept a price less than the listing price or the buyer is willing to pay a price greater than the price offered.
(d)CA Civil Law Code § 2079.21(d) This section does not alter in any way the duty or responsibility of a dual agent to any principal with respect to confidential information other than price.

Section § 2079.22

Explanation

This section of the law says that a real estate agent can work for both the buyer and the seller in the same transaction. However, if either the buyer or seller decides not to have their own agent, that doesn't automatically make the existing agent a dual agent.

Nothing in this article precludes a seller’s agent from also being a buyer’s agent. If a seller or buyer in a transaction chooses to not be represented by an agent, that does not, of itself, make that agent a dual agent.

Section § 2079.23

Explanation

This law states that any contract between a principal and an agent can be changed if both parties agree in writing, as long as it's done before the agency's task is completed. Also, a lender or auction company that manages parts of a real estate transaction can't demand that homeowners or their agents protect them from legal claims related to their own actions as a condition for approving the transaction. If any agreement tries to enforce this kind of protection, it's considered invalid and cannot be enforced.

(a)CA Civil Law Code § 2079.23(a) A contract between the principal and agent may be modified or altered to change the agency relationship at any time before the performance of the act which is the object of the agency with the written consent of the parties to the agency relationship.
(b)CA Civil Law Code § 2079.23(b) A lender or an auction company retained by a lender to control aspects of a transaction of real property subject to this part, including validating the sales price, shall not require, as a condition of receiving the lender’s approval of the transaction, the homeowner or listing agent to defend or indemnify the lender or auction company from any liability alleged to result from the actions of the lender or auction company. Any clause, provision, covenant, or agreement purporting to impose an obligation to defend or indemnify a lender or an auction company in violation of this subdivision is against public policy, void, and unenforceable.

Section § 2079.24

Explanation

This section makes it clear that real estate agents and those working with them must still be fully honest and transparent with buyers and sellers. It emphasizes that they can't dodge responsibility if they fail to share important information or if they act against the interests of their clients.

Nothing in this article shall be construed to either diminish the duty of disclosure owed buyers and sellers by agents and their associate licensees, subagents, and employees or to relieve agents and their associate licensees, subagents, and employees from liability for their conduct in connection with acts governed by this article or for any breach of a fiduciary duty or a duty of disclosure.

Section § 2079.25

Explanation

This section basically means that the rules or requirements mentioned in subdivision (d) of another section, Section 1102.1, also apply to the laws covered in this section.

The provisions of subdivision (d) of Section 1102.1 shall apply to this article.

Section § 2079.3

Explanation

This law section explains that when someone inspects a property, they don't have to check areas that are usually hard to access. They also don't need to look at things like public records or permits, or areas not part of the property. If it's part of a planned development, condo, or stock cooperative, the inspection can be limited to just the unit that's for sale.

The inspection to be performed pursuant to this article does not include or involve an inspection of areas that are reasonably and normally inaccessible to this type of an inspection, nor an affirmative inspection of areas off the site of the subject property or public records or permits concerning the title or use of the property, and, if the property comprises a unit in a planned development as defined in Section 11003 of the Business and Professions Code, a condominium as defined in Section 783, or a stock cooperative as defined in Section 11003.2 of the Business and Professions Code, does not include an inspection of more than the unit offered for sale, if the seller or the broker complies with the provisions of Sections 4525 to 4580, inclusive.

Section § 2079.4

Explanation

If you believe someone didn't fulfill their duty according to this law, you have no more than two years to start a legal claim. The two-year countdown begins from either when you officially take possession of the property, when the sale closes, or when you move in, whichever happens first.

In no event shall the time for commencement of legal action for breach of duty imposed by this article exceed two years from the date of possession, which means the date of recordation, the date of close of escrow, or the date of occupancy, whichever occurs first.

Section § 2079.5

Explanation

Even if there are requirements for sellers or agents to disclose certain information about a property, buyers still have a responsibility to look out for themselves. This means they should do their own research and be aware of obvious facts about the property.

Nothing in this article relieves a buyer or prospective buyer of the duty to exercise reasonable care to protect himself or herself, including those facts which are known to or within the diligent attention and observation of the buyer or prospective buyer.

Section § 2079.6

Explanation

This law says it doesn’t apply when a property sale has to follow certain rules about giving a public report to the buyer unless the property was lived in before. It also doesn’t apply to sales that can skip the public report if the property wasn’t previously occupied.

This article does not apply to sales which are required to be preceded by the furnishing, to a prospective buyer, of a copy of a public report pursuant to Section 11018.1 or Section 11234 of the Business and Professions Code and sales that can be made without a public report pursuant to Section 11010.4 of the Business and Professions Code, unless the property has been previously occupied.

Section § 2079.7

Explanation

When a buyer receives a consumer information booklet related to the sale of real estate or manufactured homes, sellers and brokers aren't obligated to provide extra details about common environmental hazards, as the booklet is considered enough. However, this rule doesn't change the existing responsibilities of sellers or brokers to disclose known environmental hazards affecting the property.

(a)CA Civil Law Code § 2079.7(a) If a consumer information booklet described in Section 10084.1 of the Business and Professions Code is delivered to a buyer in connection with the sale of real property, including property specified in Section 1102 of the Civil Code, or manufactured housing, as defined in Section 18007 of the Health and Safety Code, a seller or broker is not required to provide additional information concerning, and the information shall be deemed to be adequate to inform the buyer regarding, common environmental hazards, as described in the booklet, that can affect real property.
(b)CA Civil Law Code § 2079.7(b) Notwithstanding subdivision (a), nothing in this section either increases or decreases the duties, if any, of sellers or brokers, including, but not limited to, the duties of a seller or broker under this article, Article 1.5 (commencing with Section 1102) of Chapter 2 of Title 4 of Part 4 of Division 2, or Section 78700 of the Health and Safety Code, or alters the duty of a seller or broker to disclose the existence of known environmental hazards on or affecting the real property.

Section § 2079.8

Explanation

If a home buyer is given a specific earthquake safety guide during a property sale, the seller or real estate broker doesn't have to give more details about earthquake risks since the guide is considered enough to inform the buyer about geologic and seismic dangers. However, this doesn't change any existing responsibilities the seller or broker has to disclose known hazards on the property.

(a)CA Civil Law Code § 2079.8(a) If a Homeowner’s Guide to Earthquake Safety described in Section 10149 of the Business and Professions Code is delivered to a buyer in connection with the sale of real property, including property specified in Section 1102 or under Chapter 7.5 (commencing with Section 2621) of Division 2 of the Public Resources Code, a seller or broker is not required to provide additional information concerning, and the information shall be deemed to be adequate to inform the buyer regarding, geologic and seismic hazards, in general, as described in the guide, that may affect real property and mitigating measures that the buyer or seller might consider.
(b)CA Civil Law Code § 2079.8(b) Notwithstanding subdivision (a), nothing in this section increases or decreases the duties, if any, of sellers or brokers, including, but not limited to, the duties of a seller or broker under this article, Article 1.5 (commencing with Section 1102) of Chapter 2 of Title 4 of Part 4 of Division 2, or under Chapter 7.5 (commencing with Section 2621) of Division 2 of the Public Resources Code, or alters the duty of a seller or broker to disclose the existence of known hazards on or affecting the real property.

Section § 2079.9

Explanation

This law says that if a seller gives the buyer a guide about earthquake safety related to commercial properties, they don't have to provide more information about earthquake and geology risks. The guide is enough to inform the buyer about potential issues and solutions. However, the law also makes clear that this doesn't change the seller's or agent's responsibilities to inform the buyer about any known hazards on the property.

(a)CA Civil Law Code § 2079.9(a) If a Commercial Property Owner’s Guide to Earthquake Safety described in Section 10147 of the Business and Professions Code is delivered to a buyer in connection with the sale of real property, including property specified in Section 1102 or under Chapter 7.5 (commencing with Section 2621) of Division 2 of the Public Resources Code, a seller or broker is not required to provide additional information concerning, and the information shall be deemed to be adequate to inform the buyer regarding, geologic and seismic hazards, in general, as described in the guide, that may affect real property and mitigating measures that the buyer or seller might consider.
(b)CA Civil Law Code § 2079.9(b) Notwithstanding subdivision (a), nothing in this section increases or decreases the duties, if any, of sellers, their real estate brokers or agents under this article or under Chapter 7.5 (commencing with Section 2621) or Chapter 7.8 (commencing with Section 2690) of Division 2 of the Public Resources Code, or alters the duty of a seller, agent, or broker to disclose the existence of known hazards on or affecting the real property.

Section § 2114

Explanation

If someone is paid to transport property, they must be reasonably careful in doing their job. If they are not paid, they still need to be somewhat careful, but the standards are lower.

A carrier of property for reward must use at least ordinary care and diligence in the performance of all his duties. A carrier without reward must use at least slight care and diligence.

Section § 2115

Explanation

This law says that when someone is transporting goods, they have to follow the instructions from either the person sending the goods or the person receiving them, just like an employee must follow their boss's orders.

Subject to Section 7303 of the Uniform Commercial Code, a carrier must comply with the directions of the consignor or consignee to the same extent that an employee is bound to comply with those of his employer.

Section § 2118

Explanation
A carrier, which is a company or individual responsible for transporting goods, must deliver the goods to the intended recipient at the address specified. The delivery should be done in the same way it's commonly done at that location.
Subject to Section 7303 of the Uniform Commercial Code, a carrier of property must deliver it to the consignee, at the place to which it is addressed, in the manner usual at that place.

Section § 2119

Explanation

This section outlines how freight should be delivered based on the mode of transport and location. If the freight is transported by a railway, it should be delivered to the station closest to the destination. For freight arriving by sea from a foreign country, delivery should be at a nearby wharf or, if there isn’t one, directly from the boat. In other instances, the freight should be delivered directly to the person it's meant for or their representative, provided they can be found reasonably.

If there is no usage to the contrary at the place of delivery, freight must be delivered as follows:
1. If carried upon a railway owned or managed by the carrier, it may be delivered at the station nearest to the place to which it is addressed;
2. If carried by sea from a foreign country, it may be delivered at the wharf where the ship moors, within a reasonable distance from the place of address; or, if there is no wharf, on board a lighter alongside the ship; or,
3. Subject to Section 7303 of the Uniform Commercial Code, in other cases, it must be delivered to the consignee or his agent, personally, if either can, with reasonable diligence, be found.

Section § 2079.10.5

Explanation

If you’re selling a single-family home in California after July 1, 2013, the sales contract must include a notice about gas and hazardous liquid pipelines. This notice tells buyers they can find pipeline locations online through a Department of Transportation website. Once this notice is given, sellers and brokers don't have to provide more details about nearby pipelines. However, sellers and brokers still have existing obligations under other laws when selling property.

(a)CA Civil Law Code § 2079.10.5(a) Every contract for the sale of single-family residential real property entered into on or after July 1, 2013, shall contain, in not less than 8-point type, a notice as specified below:
NOTICE REGARDING GAS AND HAZARDOUS LIQUID TRANSMISSION PIPELINES
This notice is being provided simply to inform you that information about the general location of gas and hazardous liquid transmission pipelines is available to the public via the National Pipeline Mapping System (NPMS) Internet Web site maintained by the United States Department of Transportation at http://www.npms.phmsa.dot.gov/. To seek further information about possible transmission pipelines near the property, you may contact your local gas utility or other pipeline operators in the area. Contact information for pipeline operators is searchable by ZIP Code and county on the NPMS Internet Web site.
(b)CA Civil Law Code § 2079.10.5(b) Upon delivery of the notice to the buyer of the real property, the seller or broker is not required to provide information in addition to that contained in the notice regarding gas and hazardous liquid transmission pipelines in subdivision (a). The information in the notice shall be deemed to be adequate to inform the buyer about the existence of a statewide database of the locations of gas and hazardous liquid transmission pipelines and information from the database regarding those locations.
(c)CA Civil Law Code § 2079.10.5(c) Nothing in this section shall alter any existing duty under any other statute or decisional law imposed upon the seller or broker, including, but not limited to, the duties of a seller or broker under this article, or the duties of a seller or broker under Article 1.5 (commencing with Section 1102) of Chapter 2 of Title 4 of Part 4 of Division 2.

Section § [2120.]

Explanation

If a carrier can't deliver freight directly to the person it's meant for, they need to inform them that the freight has arrived. Until the person picks it up, the carrier must keep it safe as if they were storing it in a warehouse. If the carrier doesn't know where the consignee lives or works, they can mail the notice through the nearest Post Office.

 Section Twenty-one Hundred and Twenty. If, for any reason, a carrier does not deliver freight to the consignee or his agent personally, he must give notice to the consignee of its arrival, and keep the same in safety, upon his responsibility as a warehouseman, until the consignee has had a reasonable time to remove it. If the place of residence or business of the consignee be unknown to the carrier, he may give the notice by letter dropped in the nearest Post Office.

Section § [2121.]

Explanation

This law says that if the person receiving a shipment (consignee) doesn't pick up their goods in a reasonable amount of time after the carrier has delivered or offered to deliver them, the carrier can avoid further responsibility for the items. To do this, the carrier can store the goods in a proper warehouse and must inform the consignee about this action.

 Section Twenty-one Hundred and Twenty-one. If a consignee does not accept and remove freight within a reasonable time after the carrier has fulfilled his obligation to deliver, or duly offered to fulfill the same, the carrier may exonerate himself from further liability by placing the freight in a suitable warehouse, on storage, on account of the consignee, and giving notice thereof to him.