Standardized Natural Hazards Disclosure Statement
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The Natural Hazards Disclosure Act of California, effective June 1, 1998 (as amended June 9, 1998), requires that Seller(s) of real property and their Agent(s) provide any prospective Buyer(s) with a "Natural Hazard Disclosure Statement" when the property being sold lies within one or more state-mapped hazard areas, including the following seven specific areas:
- Flood Zones:
- FEMA Flood Zone (100 year Flood)
- Potential Dam Inundation
- Fire Zones:
- Very High Fire Severity Zone
- Wildland Fire Area
- Earthquake Fault Zone:
- Alquist-Priolo Fault Zone
- Seismic Hazard Zones (Seismic Hazard Mapping Act):
- Liquefaction
- Landslide
The state of California has a standardized reporting format for the Seller(s) and their Agent(s) to comply with the law, as it is their responsibility to disclose. The Seller(s) along with their Agent(s) are allowed to seek out a 'third party' (disclosure company, licensed engineer, land surveyor, geologist, or expert in natural hazard discovery) to prepare this report for them. All parties involved are to sign one copy of the Natural Hazard Disclosure Report prior to the close of escrow.
It is illegal for Agent(s) to require the Seller(s) to use a particular disclosure company or to give the impression that the Seller(s) may not choose. If the report from a disclosure company is selected and that company is related or affiliated with the Agent(s)/ Broker(s), disclosure of this relationship must be made to the Seller(s). Once the disclosure is made the Seller(s) may continue with that report or choose a report from another disclosure company. California law protects the Seller(s) right to freely choose, for the sake of quality, service and cost.
Real estate Agent(s)/ Broker(s) are forbidden to receive monetary compensation (referral fees, 'kick-backs') or excessive gifts from vendors or affiliates, including but not limited to disclosure companies.