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Earthquake Guides

The California Seismic Safety Commission has developed a “Homeowner’s Guide to Earthquake Safety.” The guide includes information on geologic and seismic hazards, explanations of related structural and nonstructural hazards, recommendations for mitigating earthquake damage, and a statement that safety cannot be guaranteed with respect to a major earthquake and that only precautions such as retrofitting can be undertaken to reduce the risk of various types of damage. The Seismic Safety Commission has also developed a “Commercial Property Owner’s Guide to Earthquake Safety.” These guides are available at www.seismic.ca.gov or by calling (916) 263-5506.
If a buyer receives a copy of the Homeowner’s Guide (or, if applicable, the Commercial Property Owner’s Guide), neither the seller nor the broker(s)/agent(s) are required to provide additional information regarding geologic and seismic hazards, except that sellers and brokers/agent(s) must disclose what they actually know, including whether a property is in an earthquake fault zone.

Delivery of a booklet is required in the following transactions:



•   Transfer of any real property improved with a residential dwelling built prior to January 1, 1960 and consisting of 1 to 4 units any of which are of conventional light-frame construction (Homeowner’s Guide); and
•     Transfer of any unreinforced masonry building with wood-frame floors or roofs built before January 1, 1975 (Commercial Property Owner’s Guide).
In a transfer of residential dwellings consisting of 1 to 4 units, the following structural deficiencies and any corrective measures taken, which are within the seller’s actual knowledge, are to be disclosed to prospective buyers:
•     Absence of foundation anchor bolts;
•     Unbraced or inappropriately braced perimeter cripple walls;
•     Unbraced or inappropriately braced first-story walls;
•     Unreinforced masonry perimeter foundation;
•     Unreinforced masonry dwelling walls;
•     Habitable room or rooms above a garage; or
•     Water heater not anchored, strapped, or braced.


Certain exemptions apply to the obligation to deliver the booklet when transferring either a dwelling of 1 to 4 units or a reinforced masonry building. These exemptions are essentially the same as those that apply to delivery of the Real Estate Transfer Disclosure Statement. (See Part I, Section I, Subsection A, Item 2 – Real Estate Transfer Disclosure Statement.)

(Cal. Pub. Res. §§2621 et. seq., 2690 et. seq.; Cal. Bus. & Prof. §§ 10147, 10149; Cal. Civ. §§2079.8, 2079.9; Cal. Gov’t §§ 8875 et. seq., 8893.2, §8897 et. seq.)

 

©Pete Saxon Realty 2009
California DRE #00642780