26140. (a) Subject to subdivisions (b), (c), and (d), a seller or
transferor of commercial or industrial real property shall provide
written disclosure to prospective buyers as soon as practicable
before the transfer of title when the seller or transferor knows of
the presence of mold, both visible and invisible or hidden, that
affects the unit or building and the mold either exceeds permissible
exposure limits to molds established by subdivisions (a), (b), and
(c) of Section 26103 or poses a health threat, according to the
department's guidelines as developed pursuant to Section 26105.
(b) A seller or transferor of commercial or industrial real
property shall be exempt from providing written disclosure pursuant
to this subdivision if the presence of mold was remediated according
to the mold remediation guidelines developed by the department
pursuant to Section 26130.
(c) A commercial or industrial real property seller shall not be
required to conduct air or surface tests of units or buildings to
determine whether the presence of molds exceeds the permissible
exposure limits to molds established by subdivisions (a) and (b) of
Section 26103.
(d) The requirements of this section shall not apply until the
first January 1 or July 1 that occurs at least six months after the
department adopts standards pursuant to Sections 26103 and 26105 and
develops guidelines pursuant to Section 26130.
26141. (a) Subject to subdivisions (c), (d), and (e), commercial
and industrial landlords shall provide written disclosure to
prospective and current tenants of the affected units as specified in
subdivision (b), when the landlord knows that mold, both visible and
invisible or hidden, is present that affects the unit or the
building and the mold either exceeds the permissible exposure limits
to molds established by subdivisions (a) and (b) of Section 26103 or
poses a health threat according to the department's guidelines as
developed pursuant to Section 26105.
(b) The written notice required by subdivision (a) shall be
provided:
(1) To prospective tenants as soon as practicable and prior to
entering into the rental agreement.
(2) To current tenants in affected units as soon as is reasonably
practical.
(c) A commercial and industrial landlord shall be exempt from
providing written disclosure to prospective tenants pursuant to this
section if the presence of mold was remediated according to the mold
remediation guidelines developed by the department pursuant to
Section 26130.
(d) A commercial or industrial landlord shall not be required to
conduct air or surface tests of units or buildings to determine
whether the presence of molds exceeds the permissible exposure limits
to molds established by subdivisions (a) and (b) of Section 26103.
(e) The requirements of this section shall not apply until the
first January 1 or July 1 that occurs at least six months after the
department adopts standards pursuant to Sections 26103 and 26105 and
develops guidelines pursuant to Section 26130.
26142. (a) Any tenant of a commercial or industrial real property
who knows that mold is present in the building, heating system,
ventilating or air-conditioning system, or appurtenant structures, or
that there is a condition of chronic water intrusion or flood, shall
inform the landlord of this knowledge in writing within a reasonable
period of time. The tenant shall make the property available to the
landlord or his or her agents for appropriate assessment or remedial
action as soon as is reasonably practicable if the landlord is
responsible for maintenance of the property. Nothing in this section
is intended to any way affect existing duties and obligations of
residential tenants and landlords.
(b) The requirements of this section shall not apply until the
first January 1 or July 1 that occurs at least six months after the
department adopts standards pursuant to Sections 26103 and 26105 and
develops guidelines pursuant to Section 26130.
26143. (a) Commercial and industrial landlords, who know or have
notice that mold is present in the building, heating system,
ventilating or air-conditioning system, or appurtenant structures, or
that there is a condition of chronic water intrusion or flood, have
an affirmative duty, within a reasonable period of time, to assess
the presence of mold or condition likely to result in the presence of
mold and conduct any necessary remedial action.
(b) The requirements of this section shall not apply until the
first January 1 or July 1 that occurs at least six months after the
department adopts standards pursuant to Sections 26103 and 26105 and
develops guidelines pursuant to Section 26130.
26144. The requirements of this article shall not apply to
properties where the tenant is contractually responsible for
maintenance of the property, including any remedial action.
26145. (a) Any tenant of a commercial or industrial real property
who knows or is informed that mold is present in the building,
heating system, ventilating or air-conditioning system, or
appurtenant structures, or that there is a condition of chronic water
intrusion or flood, and is responsible for maintenance of the
property shall inform the landlord in writing of that knowledge as
soon as is reasonably practicable and shall correct the condition in
compliance with the terms of the contract with the landlord.
(b) The requirements of this section shall not apply until the
first January 1 or July 1 that occurs at least six months after the
department adopts standards pursuant to Sections 26103 and 26105 and
develops guidelines pursuant to Section 26130.
26146. (a) A public entity that owns, leases, or operates a
building shall provide written disclosure to all building occupants
and prospective tenants as specified in subdivision (b) when the
public entity knows, or has reasonable cause to believe, that a
condition of chronic water intrusion or flood exists, or that mold,
both visible and invisible or hidden, is present that affects the
building or unit and the mold either exceeds the permissible exposure
limits to molds established by subdivisions (a) and (b) of Section
26103, or poses a health threat according to the department's
guidelines developed pursuant to Section 26105.
(b) The written notice required by subdivision (a) shall be
provided:
(1) To prospective tenants as soon as practicable and prior to
entering into the rental agreement.
(2) To current building occupants in affected units or buildings
as soon as is reasonably practical.
(c) A public entity shall be exempt from providing written
disclosure to prospective tenants pursuant to subdivision (a) if the
presence of mold was remediated according to the mold remediation
guidelines developed by the department pursuant to Section 26130.
(d) The requirements of this section shall not apply until the
first January 1 or July 1 that occurs at least six months after the
department adopts standards pursuant to Sections 26103 and 26105 and
develops guidelines pursuant to Section 26130.
26147. (a) Subject to subdivisions (b), (d), and (e), residential
landlords shall provide written disclosure to prospective and current
tenants of the affected units as specified in subdivision (b) when
the residential landlord knows, or has reasonable cause to believe,
that mold, both visible and invisible or hidden, is present that
affects the unit or the building and the mold either exceeds the
permissible exposure limits to molds established by subdivisions (a),
(b), and (c) of Section 26103 or poses a health threat according to
the department's guidelines as developed pursuant to Section 26105.
(b) Notwithstanding subdivision (a), a residential landlord shall
not be required to conduct air or surface tests of units or buildings
to determine whether the presence of molds exceeds the permissible
exposure limits to molds established by subdivisions (a) and (b) of
Section 26103.
(c) The written disclosure required by subdivision (a) shall be
provided:
(1) To prospective tenants prior to entering into the rental or
lease agreement.
(2) To current tenants in affected units as soon as is reasonably
practical.
(d) A residential landlord shall be exempt from providing written
disclosure to prospective tenants pursuant to this section if the
presence of mold was remediated according to the mold remediation
guidelines developed by the department pursuant to Section 26130.
(e) The requirements of this section shall not apply until the
first January 1 or July 1 that occurs at least six months after the
department adopts standards pursuant to Sections 26103 and 26105 and
develops guidelines pursuant to Section 26130.
26148. (a) Residential landlords shall provide written disclosure
to prospective tenants of the potential health risks and the health
impact that may result from exposure to mold by distributing a
consumer-oriented booklet developed and disseminated by the
department.
(b) The requirements of this section shall be provided to
prospective residential tenants prior to entering the rental or lease
agreement.
(c) The requirements of this section shall not apply until the
first January 1 or July 1 that occurs at least six months after the
department approves the consumer-oriented booklet, as described in
subdivision (a).
26149. (a) Nothing in this article shall relieve a seller,
transferor, lessor, agent, landlord, or tenant from any
responsibility for compliance with other obligations, laws,
ordinances, codes, or regulations, including but not limited to the
duties outlined in Sections 1941 and 1941.1 of the Civil Code and any
other duties provided for under common law.
(b) Nothing in this article shall alter or modify any right,
remedy, or defense otherwise available under law.
26150. (a) Nothing in this article shall affect the existing
obligations of the parties or transferor to a real estate contract,
or their agents, to disclose any facts materially affecting the value
and desirability of the property, including, but not limited to, the
physical conditions of the property and previously received reports
of physical inspections noted on the disclosure form set forth in
Section 1102.6 or 1102.6a of the Civil Code.
(b) Nothing in this article shall be construed to change the
existing inspection and disclosure duties of a real estate broker or
salesperson including, but not limited to, those duties imposed by
Section 2079 of the Civil Code.
26151. The specification of items for disclosure in this article
does not limit or abridge any obligation for disclosure created by
any other provision of law, or which may exist in order to avoid
fraud, misrepresentation, or deceit in the transfer transaction.
26152. All items subject to disclosure requirements pursuant to
this article shall be subject to enforcement pursuant to Article 5
(commencing with Section 26154).
26153. Neither the transferor nor any listing or selling agent
shall be held liable for any error, inaccuracy, or omission of any
information delivered pursuant to this article if the error,
inaccuracy, or omission was not within the personal knowledge of the
transferor, or the listing or selling agent, or was based on
information timely provided by public agencies, or by other persons
providing relevant information by delivery of a report or opinion
prepared by an expert dealing with matters within the relevant scope
of the professional's license or expertise, and ordinary care was
exercised in obtaining and transmitting it.
26140. (a) Subject to subdivisions (b), (c), and (d), a seller or
transferor of commercial or industrial real property shall provide
written disclosure to prospective buyers as soon as practicable
before the transfer of title when the seller or transferor knows of
the presence of mold, both visible and invisible or hidden, that
affects the unit or building and the mold either exceeds permissible
exposure limits to molds established by subdivisions (a), (b), and
(c) of Section 26103 or poses a health threat, according to the
department's guidelines as developed pursuant to Section 26105.
(b) A seller or transferor of commercial or industrial real
property shall be exempt from providing written disclosure pursuant
to this subdivision if the presence of mold was remediated according
to the mold remediation guidelines developed by the department
pursuant to Section 26130.
(c) A commercial or industrial real property seller shall not be
required to conduct air or surface tests of units or buildings to
determine whether the presence of molds exceeds the permissible
exposure limits to molds established by subdivisions (a) and (b) of
Section 26103.
(d) The requirements of this section shall not apply until the
first January 1 or July 1 that occurs at least six months after the
department adopts standards pursuant to Sections 26103 and 26105 and
develops guidelines pursuant to Section 26130.
26141. (a) Subject to subdivisions (c), (d), and (e), commercial
and industrial landlords shall provide written disclosure to
prospective and current tenants of the affected units as specified in
subdivision (b), when the landlord knows that mold, both visible and
invisible or hidden, is present that affects the unit or the
building and the mold either exceeds the permissible exposure limits
to molds established by subdivisions (a) and (b) of Section 26103 or
poses a health threat according to the department's guidelines as
developed pursuant to Section 26105.
(b) The written notice required by subdivision (a) shall be
provided:
(1) To prospective tenants as soon as practicable and prior to
entering into the rental agreement.
(2) To current tenants in affected units as soon as is reasonably
practical.
(c) A commercial and industrial landlord shall be exempt from
providing written disclosure to prospective tenants pursuant to this
section if the presence of mold was remediated according to the mold
remediation guidelines developed by the department pursuant to
Section 26130.
(d) A commercial or industrial landlord shall not be required to
conduct air or surface tests of units or buildings to determine
whether the presence of molds exceeds the permissible exposure limits
to molds established by subdivisions (a) and (b) of Section 26103.
(e) The requirements of this section shall not apply until the
first January 1 or July 1 that occurs at least six months after the
department adopts standards pursuant to Sections 26103 and 26105 and
develops guidelines pursuant to Section 26130.
26142. (a) Any tenant of a commercial or industrial real property
who knows that mold is present in the building, heating system,
ventilating or air-conditioning system, or appurtenant structures, or
that there is a condition of chronic water intrusion or flood, shall
inform the landlord of this knowledge in writing within a reasonable
period of time. The tenant shall make the property available to the
landlord or his or her agents for appropriate assessment or remedial
action as soon as is reasonably practicable if the landlord is
responsible for maintenance of the property. Nothing in this section
is intended to any way affect existing duties and obligations of
residential tenants and landlords.
(b) The requirements of this section shall not apply until the
first January 1 or July 1 that occurs at least six months after the
department adopts standards pursuant to Sections 26103 and 26105 and
develops guidelines pursuant to Section 26130.
26143. (a) Commercial and industrial landlords, who know or have
notice that mold is present in the building, heating system,
ventilating or air-conditioning system, or appurtenant structures, or
that there is a condition of chronic water intrusion or flood, have
an affirmative duty, within a reasonable period of time, to assess
the presence of mold or condition likely to result in the presence of
mold and conduct any necessary remedial action.
(b) The requirements of this section shall not apply until the
first January 1 or July 1 that occurs at least six months after the
department adopts standards pursuant to Sections 26103 and 26105 and
develops guidelines pursuant to Section 26130.
26144. The requirements of this article shall not apply to
properties where the tenant is contractually responsible for
maintenance of the property, including any remedial action.
26145. (a) Any tenant of a commercial or industrial real property
who knows or is informed that mold is present in the building,
heating system, ventilating or air-conditioning system, or
appurtenant structures, or that there is a condition of chronic water
intrusion or flood, and is responsible for maintenance of the
property shall inform the landlord in writing of that knowledge as
soon as is reasonably practicable and shall correct the condition in
compliance with the terms of the contract with the landlord.
(b) The requirements of this section shall not apply until the
first January 1 or July 1 that occurs at least six months after the
department adopts standards pursuant to Sections 26103 and 26105 and
develops guidelines pursuant to Section 26130.
26146. (a) A public entity that owns, leases, or operates a
building shall provide written disclosure to all building occupants
and prospective tenants as specified in subdivision (b) when the
public entity knows, or has reasonable cause to believe, that a
condition of chronic water intrusion or flood exists, or that mold,
both visible and invisible or hidden, is present that affects the
building or unit and the mold either exceeds the permissible exposure
limits to molds established by subdivisions (a) and (b) of Section
26103, or poses a health threat according to the department's
guidelines developed pursuant to Section 26105.
(b) The written notice required by subdivision (a) shall be
provided:
(1) To prospective tenants as soon as practicable and prior to
entering into the rental agreement.
(2) To current building occupants in affected units or buildings
as soon as is reasonably practical.
(c) A public entity shall be exempt from providing written
disclosure to prospective tenants pursuant to subdivision (a) if the
presence of mold was remediated according to the mold remediation
guidelines developed by the department pursuant to Section 26130.
(d) The requirements of this section shall not apply until the
first January 1 or July 1 that occurs at least six months after the
department adopts standards pursuant to Sections 26103 and 26105 and
develops guidelines pursuant to Section 26130.
26147. (a) Subject to subdivisions (b), (d), and (e), residential
landlords shall provide written disclosure to prospective and current
tenants of the affected units as specified in subdivision (b) when
the residential landlord knows, or has reasonable cause to believe,
that mold, both visible and invisible or hidden, is present that
affects the unit or the building and the mold either exceeds the
permissible exposure limits to molds established by subdivisions (a),
(b), and (c) of Section 26103 or poses a health threat according to
the department's guidelines as developed pursuant to Section 26105.
(b) Notwithstanding subdivision (a), a residential landlord shall
not be required to conduct air or surface tests of units or buildings
to determine whether the presence of molds exceeds the permissible
exposure limits to molds established by subdivisions (a) and (b) of
Section 26103.
(c) The written disclosure required by subdivision (a) shall be
provided:
(1) To prospective tenants prior to entering into the rental or
lease agreement.
(2) To current tenants in affected units as soon as is reasonably
practical.
(d) A residential landlord shall be exempt from providing written
disclosure to prospective tenants pursuant to this section if the
presence of mold was remediated according to the mold remediation
guidelines developed by the department pursuant to Section 26130.
(e) The requirements of this section shall not apply until the
first January 1 or July 1 that occurs at least six months after the
department adopts standards pursuant to Sections 26103 and 26105 and
develops guidelines pursuant to Section 26130.
26148. (a) Residential landlords shall provide written disclosure
to prospective tenants of the potential health risks and the health
impact that may result from exposure to mold by distributing a
consumer-oriented booklet developed and disseminated by the
department.
(b) The requirements of this section shall be provided to
prospective residential tenants prior to entering the rental or lease
agreement.
(c) The requirements of this section shall not apply until the
first January 1 or July 1 that occurs at least six months after the
department approves the consumer-oriented booklet, as described in
subdivision (a).
26149. (a) Nothing in this article shall relieve a seller,
transferor, lessor, agent, landlord, or tenant from any
responsibility for compliance with other obligations, laws,
ordinances, codes, or regulations, including but not limited to the
duties outlined in Sections 1941 and 1941.1 of the Civil Code and any
other duties provided for under common law.
(b) Nothing in this article shall alter or modify any right,
remedy, or defense otherwise available under law.
26150. (a) Nothing in this article shall affect the existing
obligations of the parties or transferor to a real estate contract,
or their agents, to disclose any facts materially affecting the value
and desirability of the property, including, but not limited to, the
physical conditions of the property and previously received reports
of physical inspections noted on the disclosure form set forth in
Section 1102.6 or 1102.6a of the Civil Code.
(b) Nothing in this article shall be construed to change the
existing inspection and disclosure duties of a real estate broker or
salesperson including, but not limited to, those duties imposed by
Section 2079 of the Civil Code.
26151. The specification of items for disclosure in this article
does not limit or abridge any obligation for disclosure created by
any other provision of law, or which may exist in order to avoid
fraud, misrepresentation, or deceit in the transfer transaction.
26152. All items subject to disclosure requirements pursuant to
this article shall be subject to enforcement pursuant to Article 5
(commencing with Section 26154).
26153. Neither the transferor nor any listing or selling agent
shall be held liable for any error, inaccuracy, or omission of any
information delivered pursuant to this article if the error,
inaccuracy, or omission was not within the personal knowledge of the
transferor, or the listing or selling agent, or was based on
information timely provided by public agencies, or by other persons
providing relevant information by delivery of a report or opinion
prepared by an expert dealing with matters within the relevant scope
of the professional's license or expertise, and ordinary care was
exercised in obtaining and transmitting it.
26140. (a) Subject to subdivisions (b), (c), and (d), a seller or
transferor of commercial or industrial real property shall provide
written disclosure to prospective buyers as soon as practicable
before the transfer of title when the seller or transferor knows of
the presence of mold, both visible and invisible or hidden, that
affects the unit or building and the mold either exceeds permissible
exposure limits to molds established by subdivisions (a), (b), and
(c) of Section 26103 or poses a health threat, according to the
department's guidelines as developed pursuant to Section 26105.
(b) A seller or transferor of commercial or industrial real
property shall be exempt from providing written disclosure pursuant
to this subdivision if the presence of mold was remediated according
to the mold remediation guidelines developed by the department
pursuant to Section 26130.
(c) A commercial or industrial real property seller shall not be
required to conduct air or surface tests of units or buildings to
determine whether the presence of molds exceeds the permissible
exposure limits to molds established by subdivisions (a) and (b) of
Section 26103.
(d) The requirements of this section shall not apply until the
first January 1 or July 1 that occurs at least six months after the
department adopts standards pursuant to Sections 26103 and 26105 and
develops guidelines pursuant to Section 26130.
26141. (a) Subject to subdivisions (c), (d), and (e), commercial
and industrial landlords shall provide written disclosure to
prospective and current tenants of the affected units as specified in
subdivision (b), when the landlord knows that mold, both visible and
invisible or hidden, is present that affects the unit or the
building and the mold either exceeds the permissible exposure limits
to molds established by subdivisions (a) and (b) of Section 26103 or
poses a health threat according to the department's guidelines as
developed pursuant to Section 26105.
(b) The written notice required by subdivision (a) shall be
provided:
(1) To prospective tenants as soon as practicable and prior to
entering into the rental agreement.
(2) To current tenants in affected units as soon as is reasonably
practical.
(c) A commercial and industrial landlord shall be exempt from
providing written disclosure to prospective tenants pursuant to this
section if the presence of mold was remediated according to the mold
remediation guidelines developed by the department pursuant to
Section 26130.
(d) A commercial or industrial landlord shall not be required to
conduct air or surface tests of units or buildings to determine
whether the presence of molds exceeds the permissible exposure limits
to molds established by subdivisions (a) and (b) of Section 26103.
(e) The requirements of this section shall not apply until the
first January 1 or July 1 that occurs at least six months after the
department adopts standards pursuant to Sections 26103 and 26105 and
develops guidelines pursuant to Section 26130.
26142. (a) Any tenant of a commercial or industrial real property
who knows that mold is present in the building, heating system,
ventilating or air-conditioning system, or appurtenant structures, or
that there is a condition of chronic water intrusion or flood, shall
inform the landlord of this knowledge in writing within a reasonable
period of time. The tenant shall make the property available to the
landlord or his or her agents for appropriate assessment or remedial
action as soon as is reasonably practicable if the landlord is
responsible for maintenance of the property. Nothing in this section
is intended to any way affect existing duties and obligations of
residential tenants and landlords.
(b) The requirements of this section shall not apply until the
first January 1 or July 1 that occurs at least six months after the
department adopts standards pursuant to Sections 26103 and 26105 and
develops guidelines pursuant to Section 26130.
26143. (a) Commercial and industrial landlords, who know or have
notice that mold is present in the building, heating system,
ventilating or air-conditioning system, or appurtenant structures, or
that there is a condition of chronic water intrusion or flood, have
an affirmative duty, within a reasonable period of time, to assess
the presence of mold or condition likely to result in the presence of
mold and conduct any necessary remedial action.
(b) The requirements of this section shall not apply until the
first January 1 or July 1 that occurs at least six months after the
department adopts standards pursuant to Sections 26103 and 26105 and
develops guidelines pursuant to Section 26130.
26144. The requirements of this article shall not apply to
properties where the tenant is contractually responsible for
maintenance of the property, including any remedial action.
26145. (a) Any tenant of a commercial or industrial real property
who knows or is informed that mold is present in the building,
heating system, ventilating or air-conditioning system, or
appurtenant structures, or that there is a condition of chronic water
intrusion or flood, and is responsible for maintenance of the
property shall inform the landlord in writing of that knowledge as
soon as is reasonably practicable and shall correct the condition in
compliance with the terms of the contract with the landlord.
(b) The requirements of this section shall not apply until the
first January 1 or July 1 that occurs at least six months after the
department adopts standards pursuant to Sections 26103 and 26105 and
develops guidelines pursuant to Section 26130.
26146. (a) A public entity that owns, leases, or operates a
building shall provide written disclosure to all building occupants
and prospective tenants as specified in subdivision (b) when the
public entity knows, or has reasonable cause to believe, that a
condition of chronic water intrusion or flood exists, or that mold,
both visible and invisible or hidden, is present that affects the
building or unit and the mold either exceeds the permissible exposure
limits to molds established by subdivisions (a) and (b) of Section
26103, or poses a health threat according to the department's
guidelines developed pursuant to Section 26105.
(b) The written notice required by subdivision (a) shall be
provided:
(1) To prospective tenants as soon as practicable and prior to
entering into the rental agreement.
(2) To current building occupants in affected units or buildings
as soon as is reasonably practical.
(c) A public entity shall be exempt from providing written
disclosure to prospective tenants pursuant to subdivision (a) if the
presence of mold was remediated according to the mold remediation
guidelines developed by the department pursuant to Section 26130.
(d) The requirements of this section shall not apply until the
first January 1 or July 1 that occurs at least six months after the
department adopts standards pursuant to Sections 26103 and 26105 and
develops guidelines pursuant to Section 26130.
26147. (a) Subject to subdivisions (b), (d), and (e), residential
landlords shall provide written disclosure to prospective and current
tenants of the affected units as specified in subdivision (b) when
the residential landlord knows, or has reasonable cause to believe,
that mold, both visible and invisible or hidden, is present that
affects the unit or the building and the mold either exceeds the
permissible exposure limits to molds established by subdivisions (a),
(b), and (c) of Section 26103 or poses a health threat according to
the department's guidelines as developed pursuant to Section 26105.
(b) Notwithstanding subdivision (a), a residential landlord shall
not be required to conduct air or surface tests of units or buildings
to determine whether the presence of molds exceeds the permissible
exposure limits to molds established by subdivisions (a) and (b) of
Section 26103.
(c) The written disclosure required by subdivision (a) shall be
provided:
(1) To prospective tenants prior to entering into the rental or
lease agreement.
(2) To current tenants in affected units as soon as is reasonably
practical.
(d) A residential landlord shall be exempt from providing written
disclosure to prospective tenants pursuant to this section if the
presence of mold was remediated according to the mold remediation
guidelines developed by the department pursuant to Section 26130.
(e) The requirements of this section shall not apply until the
first January 1 or July 1 that occurs at least six months after the
department adopts standards pursuant to Sections 26103 and 26105 and
develops guidelines pursuant to Section 26130.
26148. (a) Residential landlords shall provide written disclosure
to prospective tenants of the potential health risks and the health
impact that may result from exposure to mold by distributing a
consumer-oriented booklet developed and disseminated by the
department.
(b) The requirements of this section shall be provided to
prospective residential tenants prior to entering the rental or lease
agreement.
(c) The requirements of this section shall not apply until the
first January 1 or July 1 that occurs at least six months after the
department approves the consumer-oriented booklet, as described in
subdivision (a).
26149. (a) Nothing in this article shall relieve a seller,
transferor, lessor, agent, landlord, or tenant from any
responsibility for compliance with other obligations, laws,
ordinances, codes, or regulations, including but not limited to the
duties outlined in Sections 1941 and 1941.1 of the Civil Code and any
other duties provided for under common law.
(b) Nothing in this article shall alter or modify any right,
remedy, or defense otherwise available under law.
26150. (a) Nothing in this article shall affect the existing
obligations of the parties or transferor to a real estate contract,
or their agents, to disclose any facts materially affecting the value
and desirability of the property, including, but not limited to, the
physical conditions of the property and previously received reports
of physical inspections noted on the disclosure form set forth in
Section 1102.6 or 1102.6a of the Civil Code.
(b) Nothing in this article shall be construed to change the
existing inspection and disclosure duties of a real estate broker or
salesperson including, but not limited to, those duties imposed by
Section 2079 of the Civil Code.
26151. The specification of items for disclosure in this article
does not limit or abridge any obligation for disclosure created by
any other provision of law, or which may exist in order to avoid
fraud, misrepresentation, or deceit in the transfer transaction.
26152. All items subject to disclosure requirements pursuant to
this article shall be subject to enforcement pursuant to Article 5
(commencing with Section 26154).
26153. Neither the transferor nor any listing or selling agent
shall be held liable for any error, inaccuracy, or omission of any
information delivered pursuant to this article if the error,
inaccuracy, or omission was not within the personal knowledge of the
transferor, or the listing or selling agent, or was based on
information timely provided by public agencies, or by other persons
providing relevant information by delivery of a report or opinion
prepared by an expert dealing with matters within the relevant scope
of the professional's license or expertise, and ordinary care was
exercised in obtaining and transmitting it.
