Frequently Asked Questions
California Disclosures™ is a company that provides third-party reports designed to assist sellers and their licensed real estate agents with the legally required California natural hazard disclosures that must be made to buyers in a real estate transaction. Buyers can rely on the disclosure information to make a more informed decision regarding the property being considered for purchase.
The statutory Natural Hazard Disclosure Statement is included as Page 2 of our California Disclosures™ reports. After reviewing the Natural Hazard Disclosure Statement and signing the form, sellers and their agents then deliver the statement and report to the buyer for review and signature. All parties should understand that the professionals at California Disclosures™ take great care in preparing our reports shifting the liability associated with regulatory disclosures away from yourselves.
** It should be understood by all parties that California Disclosures™ meets and exceeds the statutory disclosure requirements utilizing information and maps contained in an array of specific regulatory databases. Property-specific disclosures that are known to the seller and/or their agent may be required in addition to the California Disclosures™ report.
California Civil Code Section 1103 requires the transferor (seller) and his or her agent (real estate agent) or a third-party consultant (California Disclosures™) to disclose whether or not the subject property lies within the following hazardous areas that may limit one's ability to develop the property, obtain insurance, or to receive assistance after a disaster:
A Special Flood Hazard Area (any type Zone "A" or "V") designated by the Federal Emergency Management Agency.
An area of potential flooding shown on a dam failure inundation map pursuant to Section 8589.5 of the Government Code.
A VERY HIGH FIRE HAZARD SEVERITY ZONE pursuant to Section 51178 or 51179 of the Government Code.
A WILDLAND AREA THAT MAY CONTAIN SUBSTANTIAL FIRE RISKS AND HAZARDS pursuant to Section 4125 of the Public Resources Code.
An EARTHQUAKE FAULT ZONE pursuant to Section 2622 of the Public Resources Code.
A SEISMIC HAZARD ZONE pursuant to Section 2629 of the Public Resources Code. Seismic hazard zones more specifically include mapped areas where seismic-induced LIQUEFACTION or LANDSLIDES may occur.
California Civil Code Section 1103-1103.14 may be viewed by clicking this LINK.
You should use California Disclosures™ because you want the best in accuracy, completeness and customer support for the best price. We were founded by geologists and environmental professionals who have spent their entire careers limiting liability for their clients. We are not a company run by computers and algorithms. We have geographic information system (GIS) experts who compile our data and geologists who review reports for accuracy. When you call with questions - we "know" your property and are ready to provide the answers to your property-specific questions.
For one low cost you get complete disclosure coverage:
Natural Hazards - Flood, dam inundation, fire hazards, earthquake fault zones, landslide and liquefaction areas.
Tax Disclosures - Mello-Roos, 1915 Bond Act - Special Tax Assessment District disclosures
Additional Disclosures - Airport Proximity, Commercial Zoning, Military Ordnance,Proximity to mining operations, oil wells, important farmland, and high pressure pipelines
Environmental Disclosures - Radius search for proximity to "Superfund" sites, waste disposal facilities, leaking underground storage tank sites, and other potentially contaminated properties
Most California Disclosure™ reports are complete within 24-hours. If you need a report immediately, just call us or let us know in your order and we'll get on it right away.
Residential California Disclosures™ reports include the State-required natural hazard disclosures PLUS key environmental and proximity disclosures that help protect the seller and seller's agent from unwanted disclosure liability. Our reports disclose:
Flood Hazards, Wildfire and Fire Severity Zones, Fault Zones, and Seismic Hazard Zones associated with liquefaction and landslides.
Whether or not the property is subject to additional taxes because it is located within a Mello-Roos or the 1915 Bond Act Special Tax Assessment District.
Proximity to: Commercial or Industrial Zoning, "Right-to-Farm" Farmland, Airports and Airport Noise, Formerly Used Military Defense Sites, Mining Operations, Oil, Gas, or Geothermal Wells, high pressure gas or hazardous liquid transmission pipelines, and potentially contaminated properties identified in state and federal regulatory databases.
During the course of most real estate transactions, the seller and the seller's agent(s) will fill out a form separate from the Natural Hazard Disclosure Statement. For example, agents may fill out an Agent Visual Inspection Disclosure (AVID) that contains a variety of check-box and fill-in response opportunities to form questions. It is during the completion of these forms that sellers and/or agents would disclose "material facts" know to them.
An example might be if an agent or seller knows that the water heater leaked and flooded the garage two years ago. This property-specific event is a "material fact" that if disclosed to the buyer would then allow that buyer to make a more informed purchase decision and/or investigate further. Failure to disclose material facts could result in problems between the buyer and seller if later it is determined, for example, that mold is present in the walls in areas that were or were likely involved in the water heater leak.
In this example, a third-party disclosure report company like California Disclosures™ would have no way of knowing about such a leak or flood and is under no contractual or statutory obligation to inspect records for or disclose such an event.
Most brokers will say, "Disclose, Disclose, Disclose". If you have questions regarding property-specific disclosures consult your broker, manager, or legal department for help. You can also find resources at the websites maintained by the California Bureau of Real Estate (http://www.dre.ca.gov/) and California Association of Realtors® (http://www.car.org/).