What is the scope of the inspection required by section 2079 of the California Real Estate Code?

California, United States of America


The following excerpt is from Assilzader v. California Federal Bank, 82 Cal.App.4th 399, 98 Cal.Rptr.2d 176 (Cal. App. 2000):

The inspection required by section 2079 "does not include or involve an inspection of areas that are reasonably and normally inaccessible to such 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 condominium . . . does not include an inspection of more than the unit offered for sale . . . ." ( 2079.3.) Moreover, section 2079.5 makes clear that "[n]othing 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." It is thus clear that under this statutory scheme, "once the sellers and their agent make the required disclosures, it is incumbent upon the potential purchasers to investigate and make an informed decision based thereon." (Robinson v. Grossman (1997) 57 Cal.App.4th 634, 643-644.)

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