California 2023-2024 Regular Session

California Assembly Bill AB1280 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	Assembly Bill No. ~~1280 CHAPTER 99~~ An act to amend Section 1103.2 of the Civil Code, relating to real property. ~~[ Approved by Governor July 21, 2023. Filed with Secretary of State July 21, 2023. ]~~ LEGISLATIVE COUNSEL'S DIGESTAB 1280, Maienschein. Fire hazard severity zones: disclosures.Existing law generally requires the seller of a single-family residential property to make certain disclosures of natural hazards on a specified statement to a prospective buyer, including whether the property is located in a very high fire hazard severity zone. This bill, if a single-family residential property is located within a fire hazard severity zone, would require the above-described disclosure in the natural hazard statement to specify whether the property is located in a high or very high fire hazard severity zone. The bill would also clarify that the natural hazard statement is required to include a disclosure as to whether the property is located within a high fire hazard severity zone in a state responsibility area, very high fire hazard severity zone in a state responsibility area, or very high fire hazard severity zone in a local responsibility area. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1103.2 of the Civil Code is amended to read:1103.2. (a) The disclosures required by this article are set forth in, and shall be made on a copy of, the following Natural Hazard Disclosure Statement:NATURAL HAZARD DISCLOSURE STATEMENTThis statement applies to the following property:The seller and the sellers agent(s) or a third-party consultant disclose the following information with the knowledge that even though this is not a warranty, prospective buyers may rely on this information in deciding whether and on what terms to purchase the subject property. Seller hereby authorizes any agent(s) representing any principal(s) in this action to provide a copy of this statement to any person or entity in connection with any actual or anticipated sale of the property.The following are representations made by the seller and the sellers agent(s) based on their knowledge and maps drawn by the state and federal governments. This information is a disclosure and is not intended to be part of any contract between the seller and buyer.THIS REAL PROPERTY LIES WITHIN THE FOLLOWING HAZARDOUS AREA(S):A SPECIAL FLOOD HAZARD AREA (Any type Zone A or V) designated by the Federal Emergency Management Agency.Yes ____ No ____ Do not know and _____ information not _____ available from local _____ jurisdiction ____ AN AREA OF POTENTIAL FLOODING shown on a dam failure inundation map pursuant to Section 8589.5 of the Government Code.Yes ____ No ____ Do not know and _____ information not _____ available from local _____ jurisdiction ____A HIGH or VERY HIGH FIRE HAZARD SEVERITY ZONE (FHSZ) as identified by the Director of Forestry and Fire Protection pursuant to Section 51178 of the Government Code or Article 9 (commencing with Section 4201) of Chapter 1 of Part 2 of Division 4 of the Public Resources Code. The owner of this property is subject to the maintenance requirements of Section 51182 of the Government Code.Yes ____ No ____High FHSZ in a state responsibility area ____Very High FHSZ in a state responsibility area ____Very High FHSZ in a local responsibility area ____A WILDLAND AREA THAT MAY CONTAIN SUBSTANTIAL FOREST FIRE RISKS AND HAZARDS pursuant to Section 4125 of the Public Resources Code. The owner of this property is subject to the maintenance requirements of Section 4291 of the Public Resources Code. Additionally, it is not the states responsibility to provide fire protection services to any building or structure located within the wildlands unless the Department of Forestry and Fire Protection has entered into a cooperative agreement with a local agency for those purposes pursuant to Section 4142 of the Public Resources Code.Yes ____ No ____AN EARTHQUAKE FAULT ZONE pursuant to Section 2622 of the Public Resources Code.Yes ____ No ____A SEISMIC HAZARD ZONE pursuant to Section 2696 of the Public Resources Code.Yes (Landslide Zone)____________ Yes (Liquefaction Zone) ______No ____ Map not yet released bystate ____THESE HAZARDS MAY LIMIT YOUR ABILITY TO DEVELOP THE REAL PROPERTY, TO OBTAIN INSURANCE, OR TO RECEIVE ASSISTANCE AFTER A DISASTER.THE MAPS ON WHICH THESE DISCLOSURES ARE BASED ESTIMATE WHERE NATURAL HAZARDS EXIST. THEY ARE NOT DEFINITIVE INDICATORS OF WHETHER OR NOT A PROPERTY WILL BE AFFECTED BY A NATURAL DISASTER. SELLER(S) AND BUYER(S) MAY WISH TO OBTAIN PROFESSIONAL ADVICE REGARDING THOSE HAZARDS AND OTHER HAZARDS THAT MAY AFFECT THE PROPERTY.Signature of Seller(s)DateSignature of Seller(s)DateSellers Agent(s)DateSellers Agent(s)DateCheck only one of the following: _____ Seller(s) and their agent(s) represent that the information herein is true and correct to the best of their knowledge as of the date signed by the transferor(s) and agent(s). _____ Seller(s) and their agent(s) acknowledge that they have exercised good faith in the selection of a third-party report provider as required in Section 1103.7 of the Civil Code, and that the representations made in this Natural Hazard Disclosure Statement are based upon information provided by the independent third-party disclosure provider as a substituted disclosure pursuant to Section 1103.4 of the Civil Code. Neither seller(s) nor their agent(s) (1) has independently verified the information contained in this statement and report or (2) is personally aware of any errors or inaccuracies in the information contained on the statement. This statement was prepared by the provider below:Third-PartyDisclosure Provider(s)DateBuyer represents that Buyer has read and understands this document. Pursuant to Section 1103.8 of the Civil Code, the representations made in this Natural Hazard Disclosure Statement do not constitute all of the sellers or agents disclosure obligations in this transaction.Signature of Buyer(s)DateSignature of Buyer(s) Date(b) If an earthquake fault zone, seismic hazard zone, high or very high fire hazard severity zone, or wildland fire area map or accompanying information is not of sufficient accuracy or scale that a reasonable person can determine if the subject real property is included in a natural hazard area, the seller or sellers agent shall mark Yes on the Natural Hazard Disclosure Statement. The sellers agent may mark No on the Natural Hazard Disclosure Statement if the seller attaches a report prepared pursuant to subdivision (c) of Section 1103.4 that verifies the property is not in the hazard zone. This subdivision is not intended to limit or abridge any existing duty of the seller or the sellers agent to exercise reasonable care in making a determination under this subdivision.(c) If the Federal Emergency Management Agency has issued a Letter of Map Revision confirming that a property is no longer within a special flood hazard area, then the seller or sellers agent may mark No on the Natural Hazard Disclosure Statement, even if the map has not yet been updated. The seller or sellers agent shall attach a copy of the Letter of Map Revision to the disclosure statement.(d) If the Federal Emergency Management Agency has issued a Letter of Map Revision confirming that a property is within a special flood hazard area and the location of the letter has been posted pursuant to subdivision (g) of Section 8589.3 of the Government Code, then the seller or sellers agent shall mark Yes on the Natural Hazard Disclosure Statement, even if the map has not yet been updated. The seller or sellers agent shall attach a copy of the Letter of Map Revision to the disclosure statement.(e) The disclosure required pursuant to this article may be provided by the seller and the sellers agent in the Local Option Real Estate Disclosure Statement described in Section 1102.6a, provided that the Local Option Real Estate Disclosure Statement includes substantially the same information and substantially the same warnings that are required by this section.(f) (1) The legal effect of a consultants report delivered to satisfy the exemption provided by Section 1103.4 is not changed when it is accompanied by a Natural Hazard Disclosure Statement.(2) A consultants report shall always be accompanied by a completed and signed Natural Hazard Disclosure Statement.(3) In a disclosure statement required by this section, an agent and third-party provider may cause the agent and third-party providers name to be preprinted in lieu of an original signature in the portions of the form reserved for signatures. The use of a preprinted name shall not change the legal effect of the acknowledgment.(g) The disclosure required by this article is only a disclosure between the seller, the sellers agent, and the prospective buyer, and shall not be used by any other party, including, but not limited to, insurance companies, lenders, or governmental agencies, for any purpose.(h) In any transaction in which a seller has accepted, prior to June 1, 1998, an offer to purchase, the seller, or the sellers agent shall be deemed to have complied with the requirement of subdivision (a) if the seller or agent delivers to the prospective buyer a statement that includes substantially the same information and warning as the Natural Hazard Disclosure Statement.
	1	+	Enrolled June 30, 2023 Passed IN Senate June 29, 2023 Passed IN Assembly April 10, 2023 Amended IN Assembly March 23, 2023 Amended IN Assembly March 16, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1280Introduced by Assembly Member MaienscheinFebruary 16, 2023 An act to amend Section 1103.2 of the Civil Code, relating to real property.LEGISLATIVE COUNSEL'S DIGESTAB 1280, Maienschein. Fire hazard severity zones: disclosures.Existing law generally requires the seller of a single-family residential property to make certain disclosures of natural hazards on a specified statement to a prospective buyer, including whether the property is located in a very high fire hazard severity zone. This bill, if a single-family residential property is located within a fire hazard severity zone, would require the above-described disclosure in the natural hazard statement to specify whether the property is located in a high or very high fire hazard severity zone. The bill would also clarify that the natural hazard statement is required to include a disclosure as to whether the property is located within a high fire hazard severity zone in a state responsibility area, very high fire hazard severity zone in a state responsibility area, or very high fire hazard severity zone in a local responsibility area. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1103.2 of the Civil Code is amended to read:1103.2. (a) The disclosures required by this article are set forth in, and shall be made on a copy of, the following Natural Hazard Disclosure Statement:NATURAL HAZARD DISCLOSURE STATEMENTThis statement applies to the following property:The seller and the sellers agent(s) or a third-party consultant disclose the following information with the knowledge that even though this is not a warranty, prospective buyers may rely on this information in deciding whether and on what terms to purchase the subject property. Seller hereby authorizes any agent(s) representing any principal(s) in this action to provide a copy of this statement to any person or entity in connection with any actual or anticipated sale of the property.The following are representations made by the seller and the sellers agent(s) based on their knowledge and maps drawn by the state and federal governments. This information is a disclosure and is not intended to be part of any contract between the seller and buyer.THIS REAL PROPERTY LIES WITHIN THE FOLLOWING HAZARDOUS AREA(S):A SPECIAL FLOOD HAZARD AREA (Any type Zone A or V) designated by the Federal Emergency Management Agency.Yes ____ No ____ Do not know and _____ information not _____ available from local _____ jurisdiction ____ AN AREA OF POTENTIAL FLOODING shown on a dam failure inundation map pursuant to Section 8589.5 of the Government Code.Yes ____ No ____ Do not know and _____ information not _____ available from local _____ jurisdiction ____A HIGH or VERY HIGH FIRE HAZARD SEVERITY ZONE (FHSZ) as identified by the Director of Forestry and Fire Protection pursuant to Section 51178 of the Government Code or Article 9 (commencing with Section 4201) of Chapter 1 of Part 2 of Division 4 of the Public Resources Code. The owner of this property is subject to the maintenance requirements of Section 51182 of the Government Code.Yes ____ No ____High FHSZ in a state responsibility area ____Very High FHSZ in a state responsibility area ____Very High FHSZ in a local responsibility area ____A WILDLAND AREA THAT MAY CONTAIN SUBSTANTIAL FOREST FIRE RISKS AND HAZARDS pursuant to Section 4125 of the Public Resources Code. The owner of this property is subject to the maintenance requirements of Section 4291 of the Public Resources Code. Additionally, it is not the states responsibility to provide fire protection services to any building or structure located within the wildlands unless the Department of Forestry and Fire Protection has entered into a cooperative agreement with a local agency for those purposes pursuant to Section 4142 of the Public Resources Code.Yes ____ No ____AN EARTHQUAKE FAULT ZONE pursuant to Section 2622 of the Public Resources Code.Yes ____ No ____A SEISMIC HAZARD ZONE pursuant to Section 2696 of the Public Resources Code.Yes (Landslide Zone)____________ Yes (Liquefaction Zone) ______No ____ Map not yet released bystate ____THESE HAZARDS MAY LIMIT YOUR ABILITY TO DEVELOP THE REAL PROPERTY, TO OBTAIN INSURANCE, OR TO RECEIVE ASSISTANCE AFTER A DISASTER.THE MAPS ON WHICH THESE DISCLOSURES ARE BASED ESTIMATE WHERE NATURAL HAZARDS EXIST. THEY ARE NOT DEFINITIVE INDICATORS OF WHETHER OR NOT A PROPERTY WILL BE AFFECTED BY A NATURAL DISASTER. SELLER(S) AND BUYER(S) MAY WISH TO OBTAIN PROFESSIONAL ADVICE REGARDING THOSE HAZARDS AND OTHER HAZARDS THAT MAY AFFECT THE PROPERTY.Signature of Seller(s)DateSignature of Seller(s)DateSellers Agent(s)DateSellers Agent(s)DateCheck only one of the following: _____ Seller(s) and their agent(s) represent that the information herein is true and correct to the best of their knowledge as of the date signed by the transferor(s) and agent(s). _____ Seller(s) and their agent(s) acknowledge that they have exercised good faith in the selection of a third-party report provider as required in Section 1103.7 of the Civil Code, and that the representations made in this Natural Hazard Disclosure Statement are based upon information provided by the independent third-party disclosure provider as a substituted disclosure pursuant to Section 1103.4 of the Civil Code. Neither seller(s) nor their agent(s) (1) has independently verified the information contained in this statement and report or (2) is personally aware of any errors or inaccuracies in the information contained on the statement. This statement was prepared by the provider below:Third-PartyDisclosure Provider(s)DateBuyer represents that Buyer has read and understands this document. Pursuant to Section 1103.8 of the Civil Code, the representations made in this Natural Hazard Disclosure Statement do not constitute all of the sellers or agents disclosure obligations in this transaction.Signature of Buyer(s)DateSignature of Buyer(s) Date(b) If an earthquake fault zone, seismic hazard zone, high or very high fire hazard severity zone, or wildland fire area map or accompanying information is not of sufficient accuracy or scale that a reasonable person can determine if the subject real property is included in a natural hazard area, the seller or sellers agent shall mark Yes on the Natural Hazard Disclosure Statement. The sellers agent may mark No on the Natural Hazard Disclosure Statement if the seller attaches a report prepared pursuant to subdivision (c) of Section 1103.4 that verifies the property is not in the hazard zone. This subdivision is not intended to limit or abridge any existing duty of the seller or the sellers agent to exercise reasonable care in making a determination under this subdivision.(c) If the Federal Emergency Management Agency has issued a Letter of Map Revision confirming that a property is no longer within a special flood hazard area, then the seller or sellers agent may mark No on the Natural Hazard Disclosure Statement, even if the map has not yet been updated. The seller or sellers agent shall attach a copy of the Letter of Map Revision to the disclosure statement.(d) If the Federal Emergency Management Agency has issued a Letter of Map Revision confirming that a property is within a special flood hazard area and the location of the letter has been posted pursuant to subdivision (g) of Section 8589.3 of the Government Code, then the seller or sellers agent shall mark Yes on the Natural Hazard Disclosure Statement, even if the map has not yet been updated. The seller or sellers agent shall attach a copy of the Letter of Map Revision to the disclosure statement.(e) The disclosure required pursuant to this article may be provided by the seller and the sellers agent in the Local Option Real Estate Disclosure Statement described in Section 1102.6a, provided that the Local Option Real Estate Disclosure Statement includes substantially the same information and substantially the same warnings that are required by this section.(f) (1) The legal effect of a consultants report delivered to satisfy the exemption provided by Section 1103.4 is not changed when it is accompanied by a Natural Hazard Disclosure Statement.(2) A consultants report shall always be accompanied by a completed and signed Natural Hazard Disclosure Statement.(3) In a disclosure statement required by this section, an agent and third-party provider may cause the agent and third-party providers name to be preprinted in lieu of an original signature in the portions of the form reserved for signatures. The use of a preprinted name shall not change the legal effect of the acknowledgment.(g) The disclosure required by this article is only a disclosure between the seller, the sellers agent, and the prospective buyer, and shall not be used by any other party, including, but not limited to, insurance companies, lenders, or governmental agencies, for any purpose.(h) In any transaction in which a seller has accepted, prior to June 1, 1998, an offer to purchase, the seller, or the sellers agent shall be deemed to have complied with the requirement of subdivision (a) if the seller or agent delivers to the prospective buyer a statement that includes substantially the same information and warning as the Natural Hazard Disclosure Statement.
2	2
3		-	Assembly Bill No. ~~1280 CHAPTER 99~~ An act to amend Section 1103.2 of the Civil Code, relating to real property. ~~[ Approved by Governor July 21, 2023. Filed with Secretary of State July 21, 2023. ]~~ LEGISLATIVE COUNSEL'S DIGESTAB 1280, Maienschein. Fire hazard severity zones: disclosures.Existing law generally requires the seller of a single-family residential property to make certain disclosures of natural hazards on a specified statement to a prospective buyer, including whether the property is located in a very high fire hazard severity zone. This bill, if a single-family residential property is located within a fire hazard severity zone, would require the above-described disclosure in the natural hazard statement to specify whether the property is located in a high or very high fire hazard severity zone. The bill would also clarify that the natural hazard statement is required to include a disclosure as to whether the property is located within a high fire hazard severity zone in a state responsibility area, very high fire hazard severity zone in a state responsibility area, or very high fire hazard severity zone in a local responsibility area. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
	3	+	Enrolled June 30, 2023 Passed IN Senate June 29, 2023 Passed IN Assembly April 10, 2023 Amended IN Assembly March 23, 2023 Amended IN Assembly March 16, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1280Introduced by Assembly Member MaienscheinFebruary 16, 2023 An act to amend Section 1103.2 of the Civil Code, relating to real property.LEGISLATIVE COUNSEL'S DIGESTAB 1280, Maienschein. Fire hazard severity zones: disclosures.Existing law generally requires the seller of a single-family residential property to make certain disclosures of natural hazards on a specified statement to a prospective buyer, including whether the property is located in a very high fire hazard severity zone. This bill, if a single-family residential property is located within a fire hazard severity zone, would require the above-described disclosure in the natural hazard statement to specify whether the property is located in a high or very high fire hazard severity zone. The bill would also clarify that the natural hazard statement is required to include a disclosure as to whether the property is located within a high fire hazard severity zone in a state responsibility area, very high fire hazard severity zone in a state responsibility area, or very high fire hazard severity zone in a local responsibility area. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
4	4
5		-	Assembly ~~Bill No.~~ ~~1280 CHAPTER 99~~
	5	+	Enrolled June 30, 2023 Passed IN Senate June 29, 2023 Passed IN Assembly April 10, 2023 Amended IN Assembly March 23, 2023 Amended IN Assembly March 16, 2023
6	6
7		-	Assembly Bill No. 1280
	7	+	Enrolled June 30, 2023
	8	+	Passed IN Senate June 29, 2023
	9	+	Passed IN Assembly April 10, 2023
	10	+	Amended IN Assembly March 23, 2023
	11	+	Amended IN Assembly March 16, 2023
8	12
9		-	CHAPTER 99
	13	+	CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
	14	+
	15	+	Assembly Bill
	16	+
	17	+	No. 1280
	18	+
	19	+	Introduced by Assembly Member MaienscheinFebruary 16, 2023
	20	+
	21	+	Introduced by Assembly Member Maienschein
	22	+	February 16, 2023
10	23
11	24		An act to amend Section 1103.2 of the Civil Code, relating to real property.
12		-
13		-	[ Approved by Governor July 21, 2023. Filed with Secretary of State July 21, 2023. ]
14	25
15	26		LEGISLATIVE COUNSEL'S DIGEST
16	27
17	28		## LEGISLATIVE COUNSEL'S DIGEST
18	29
19	30		AB 1280, Maienschein. Fire hazard severity zones: disclosures.
20	31
21	32		Existing law generally requires the seller of a single-family residential property to make certain disclosures of natural hazards on a specified statement to a prospective buyer, including whether the property is located in a very high fire hazard severity zone. This bill, if a single-family residential property is located within a fire hazard severity zone, would require the above-described disclosure in the natural hazard statement to specify whether the property is located in a high or very high fire hazard severity zone. The bill would also clarify that the natural hazard statement is required to include a disclosure as to whether the property is located within a high fire hazard severity zone in a state responsibility area, very high fire hazard severity zone in a state responsibility area, or very high fire hazard severity zone in a local responsibility area.
22	33
23	34		Existing law generally requires the seller of a single-family residential property to make certain disclosures of natural hazards on a specified statement to a prospective buyer, including whether the property is located in a very high fire hazard severity zone.
24	35
25	36		This bill, if a single-family residential property is located within a fire hazard severity zone, would require the above-described disclosure in the natural hazard statement to specify whether the property is located in a high or very high fire hazard severity zone. The bill would also clarify that the natural hazard statement is required to include a disclosure as to whether the property is located within a high fire hazard severity zone in a state responsibility area, very high fire hazard severity zone in a state responsibility area, or very high fire hazard severity zone in a local responsibility area.
26	37
27	38		## Digest Key
28	39
29	40		## Bill Text
30	41
31	42		The people of the State of California do enact as follows:SECTION 1. Section 1103.2 of the Civil Code is amended to read:1103.2. (a) The disclosures required by this article are set forth in, and shall be made on a copy of, the following Natural Hazard Disclosure Statement:NATURAL HAZARD DISCLOSURE STATEMENTThis statement applies to the following property:The seller and the sellers agent(s) or a third-party consultant disclose the following information with the knowledge that even though this is not a warranty, prospective buyers may rely on this information in deciding whether and on what terms to purchase the subject property. Seller hereby authorizes any agent(s) representing any principal(s) in this action to provide a copy of this statement to any person or entity in connection with any actual or anticipated sale of the property.The following are representations made by the seller and the sellers agent(s) based on their knowledge and maps drawn by the state and federal governments. This information is a disclosure and is not intended to be part of any contract between the seller and buyer.THIS REAL PROPERTY LIES WITHIN THE FOLLOWING HAZARDOUS AREA(S):A SPECIAL FLOOD HAZARD AREA (Any type Zone A or V) designated by the Federal Emergency Management Agency.Yes ____ No ____ Do not know and _____ information not _____ available from local _____ jurisdiction ____ AN AREA OF POTENTIAL FLOODING shown on a dam failure inundation map pursuant to Section 8589.5 of the Government Code.Yes ____ No ____ Do not know and _____ information not _____ available from local _____ jurisdiction ____A HIGH or VERY HIGH FIRE HAZARD SEVERITY ZONE (FHSZ) as identified by the Director of Forestry and Fire Protection pursuant to Section 51178 of the Government Code or Article 9 (commencing with Section 4201) of Chapter 1 of Part 2 of Division 4 of the Public Resources Code. The owner of this property is subject to the maintenance requirements of Section 51182 of the Government Code.Yes ____ No ____High FHSZ in a state responsibility area ____Very High FHSZ in a state responsibility area ____Very High FHSZ in a local responsibility area ____A WILDLAND AREA THAT MAY CONTAIN SUBSTANTIAL FOREST FIRE RISKS AND HAZARDS pursuant to Section 4125 of the Public Resources Code. The owner of this property is subject to the maintenance requirements of Section 4291 of the Public Resources Code. Additionally, it is not the states responsibility to provide fire protection services to any building or structure located within the wildlands unless the Department of Forestry and Fire Protection has entered into a cooperative agreement with a local agency for those purposes pursuant to Section 4142 of the Public Resources Code.Yes ____ No ____AN EARTHQUAKE FAULT ZONE pursuant to Section 2622 of the Public Resources Code.Yes ____ No ____A SEISMIC HAZARD ZONE pursuant to Section 2696 of the Public Resources Code.Yes (Landslide Zone)____________ Yes (Liquefaction Zone) ______No ____ Map not yet released bystate ____THESE HAZARDS MAY LIMIT YOUR ABILITY TO DEVELOP THE REAL PROPERTY, TO OBTAIN INSURANCE, OR TO RECEIVE ASSISTANCE AFTER A DISASTER.THE MAPS ON WHICH THESE DISCLOSURES ARE BASED ESTIMATE WHERE NATURAL HAZARDS EXIST. THEY ARE NOT DEFINITIVE INDICATORS OF WHETHER OR NOT A PROPERTY WILL BE AFFECTED BY A NATURAL DISASTER. SELLER(S) AND BUYER(S) MAY WISH TO OBTAIN PROFESSIONAL ADVICE REGARDING THOSE HAZARDS AND OTHER HAZARDS THAT MAY AFFECT THE PROPERTY.Signature of Seller(s)DateSignature of Seller(s)DateSellers Agent(s)DateSellers Agent(s)DateCheck only one of the following: _____ Seller(s) and their agent(s) represent that the information herein is true and correct to the best of their knowledge as of the date signed by the transferor(s) and agent(s). _____ Seller(s) and their agent(s) acknowledge that they have exercised good faith in the selection of a third-party report provider as required in Section 1103.7 of the Civil Code, and that the representations made in this Natural Hazard Disclosure Statement are based upon information provided by the independent third-party disclosure provider as a substituted disclosure pursuant to Section 1103.4 of the Civil Code. Neither seller(s) nor their agent(s) (1) has independently verified the information contained in this statement and report or (2) is personally aware of any errors or inaccuracies in the information contained on the statement. This statement was prepared by the provider below:Third-PartyDisclosure Provider(s)DateBuyer represents that Buyer has read and understands this document. Pursuant to Section 1103.8 of the Civil Code, the representations made in this Natural Hazard Disclosure Statement do not constitute all of the sellers or agents disclosure obligations in this transaction.Signature of Buyer(s)DateSignature of Buyer(s) Date(b) If an earthquake fault zone, seismic hazard zone, high or very high fire hazard severity zone, or wildland fire area map or accompanying information is not of sufficient accuracy or scale that a reasonable person can determine if the subject real property is included in a natural hazard area, the seller or sellers agent shall mark Yes on the Natural Hazard Disclosure Statement. The sellers agent may mark No on the Natural Hazard Disclosure Statement if the seller attaches a report prepared pursuant to subdivision (c) of Section 1103.4 that verifies the property is not in the hazard zone. This subdivision is not intended to limit or abridge any existing duty of the seller or the sellers agent to exercise reasonable care in making a determination under this subdivision.(c) If the Federal Emergency Management Agency has issued a Letter of Map Revision confirming that a property is no longer within a special flood hazard area, then the seller or sellers agent may mark No on the Natural Hazard Disclosure Statement, even if the map has not yet been updated. The seller or sellers agent shall attach a copy of the Letter of Map Revision to the disclosure statement.(d) If the Federal Emergency Management Agency has issued a Letter of Map Revision confirming that a property is within a special flood hazard area and the location of the letter has been posted pursuant to subdivision (g) of Section 8589.3 of the Government Code, then the seller or sellers agent shall mark Yes on the Natural Hazard Disclosure Statement, even if the map has not yet been updated. The seller or sellers agent shall attach a copy of the Letter of Map Revision to the disclosure statement.(e) The disclosure required pursuant to this article may be provided by the seller and the sellers agent in the Local Option Real Estate Disclosure Statement described in Section 1102.6a, provided that the Local Option Real Estate Disclosure Statement includes substantially the same information and substantially the same warnings that are required by this section.(f) (1) The legal effect of a consultants report delivered to satisfy the exemption provided by Section 1103.4 is not changed when it is accompanied by a Natural Hazard Disclosure Statement.(2) A consultants report shall always be accompanied by a completed and signed Natural Hazard Disclosure Statement.(3) In a disclosure statement required by this section, an agent and third-party provider may cause the agent and third-party providers name to be preprinted in lieu of an original signature in the portions of the form reserved for signatures. The use of a preprinted name shall not change the legal effect of the acknowledgment.(g) The disclosure required by this article is only a disclosure between the seller, the sellers agent, and the prospective buyer, and shall not be used by any other party, including, but not limited to, insurance companies, lenders, or governmental agencies, for any purpose.(h) In any transaction in which a seller has accepted, prior to June 1, 1998, an offer to purchase, the seller, or the sellers agent shall be deemed to have complied with the requirement of subdivision (a) if the seller or agent delivers to the prospective buyer a statement that includes substantially the same information and warning as the Natural Hazard Disclosure Statement.
32	43
33	44		The people of the State of California do enact as follows:
34	45
35	46		## The people of the State of California do enact as follows:
36	47
37	48		SECTION 1. Section 1103.2 of the Civil Code is amended to read:1103.2. (a) The disclosures required by this article are set forth in, and shall be made on a copy of, the following Natural Hazard Disclosure Statement:NATURAL HAZARD DISCLOSURE STATEMENTThis statement applies to the following property:The seller and the sellers agent(s) or a third-party consultant disclose the following information with the knowledge that even though this is not a warranty, prospective buyers may rely on this information in deciding whether and on what terms to purchase the subject property. Seller hereby authorizes any agent(s) representing any principal(s) in this action to provide a copy of this statement to any person or entity in connection with any actual or anticipated sale of the property.The following are representations made by the seller and the sellers agent(s) based on their knowledge and maps drawn by the state and federal governments. This information is a disclosure and is not intended to be part of any contract between the seller and buyer.THIS REAL PROPERTY LIES WITHIN THE FOLLOWING HAZARDOUS AREA(S):A SPECIAL FLOOD HAZARD AREA (Any type Zone A or V) designated by the Federal Emergency Management Agency.Yes ____ No ____ Do not know and _____ information not _____ available from local _____ jurisdiction ____ AN AREA OF POTENTIAL FLOODING shown on a dam failure inundation map pursuant to Section 8589.5 of the Government Code.Yes ____ No ____ Do not know and _____ information not _____ available from local _____ jurisdiction ____A HIGH or VERY HIGH FIRE HAZARD SEVERITY ZONE (FHSZ) as identified by the Director of Forestry and Fire Protection pursuant to Section 51178 of the Government Code or Article 9 (commencing with Section 4201) of Chapter 1 of Part 2 of Division 4 of the Public Resources Code. The owner of this property is subject to the maintenance requirements of Section 51182 of the Government Code.Yes ____ No ____High FHSZ in a state responsibility area ____Very High FHSZ in a state responsibility area ____Very High FHSZ in a local responsibility area ____A WILDLAND AREA THAT MAY CONTAIN SUBSTANTIAL FOREST FIRE RISKS AND HAZARDS pursuant to Section 4125 of the Public Resources Code. The owner of this property is subject to the maintenance requirements of Section 4291 of the Public Resources Code. Additionally, it is not the states responsibility to provide fire protection services to any building or structure located within the wildlands unless the Department of Forestry and Fire Protection has entered into a cooperative agreement with a local agency for those purposes pursuant to Section 4142 of the Public Resources Code.Yes ____ No ____AN EARTHQUAKE FAULT ZONE pursuant to Section 2622 of the Public Resources Code.Yes ____ No ____A SEISMIC HAZARD ZONE pursuant to Section 2696 of the Public Resources Code.Yes (Landslide Zone)____________ Yes (Liquefaction Zone) ______No ____ Map not yet released bystate ____THESE HAZARDS MAY LIMIT YOUR ABILITY TO DEVELOP THE REAL PROPERTY, TO OBTAIN INSURANCE, OR TO RECEIVE ASSISTANCE AFTER A DISASTER.THE MAPS ON WHICH THESE DISCLOSURES ARE BASED ESTIMATE WHERE NATURAL HAZARDS EXIST. THEY ARE NOT DEFINITIVE INDICATORS OF WHETHER OR NOT A PROPERTY WILL BE AFFECTED BY A NATURAL DISASTER. SELLER(S) AND BUYER(S) MAY WISH TO OBTAIN PROFESSIONAL ADVICE REGARDING THOSE HAZARDS AND OTHER HAZARDS THAT MAY AFFECT THE PROPERTY.Signature of Seller(s)DateSignature of Seller(s)DateSellers Agent(s)DateSellers Agent(s)DateCheck only one of the following: _____ Seller(s) and their agent(s) represent that the information herein is true and correct to the best of their knowledge as of the date signed by the transferor(s) and agent(s). _____ Seller(s) and their agent(s) acknowledge that they have exercised good faith in the selection of a third-party report provider as required in Section 1103.7 of the Civil Code, and that the representations made in this Natural Hazard Disclosure Statement are based upon information provided by the independent third-party disclosure provider as a substituted disclosure pursuant to Section 1103.4 of the Civil Code. Neither seller(s) nor their agent(s) (1) has independently verified the information contained in this statement and report or (2) is personally aware of any errors or inaccuracies in the information contained on the statement. This statement was prepared by the provider below:Third-PartyDisclosure Provider(s)DateBuyer represents that Buyer has read and understands this document. Pursuant to Section 1103.8 of the Civil Code, the representations made in this Natural Hazard Disclosure Statement do not constitute all of the sellers or agents disclosure obligations in this transaction.Signature of Buyer(s)DateSignature of Buyer(s) Date(b) If an earthquake fault zone, seismic hazard zone, high or very high fire hazard severity zone, or wildland fire area map or accompanying information is not of sufficient accuracy or scale that a reasonable person can determine if the subject real property is included in a natural hazard area, the seller or sellers agent shall mark Yes on the Natural Hazard Disclosure Statement. The sellers agent may mark No on the Natural Hazard Disclosure Statement if the seller attaches a report prepared pursuant to subdivision (c) of Section 1103.4 that verifies the property is not in the hazard zone. This subdivision is not intended to limit or abridge any existing duty of the seller or the sellers agent to exercise reasonable care in making a determination under this subdivision.(c) If the Federal Emergency Management Agency has issued a Letter of Map Revision confirming that a property is no longer within a special flood hazard area, then the seller or sellers agent may mark No on the Natural Hazard Disclosure Statement, even if the map has not yet been updated. The seller or sellers agent shall attach a copy of the Letter of Map Revision to the disclosure statement.(d) If the Federal Emergency Management Agency has issued a Letter of Map Revision confirming that a property is within a special flood hazard area and the location of the letter has been posted pursuant to subdivision (g) of Section 8589.3 of the Government Code, then the seller or sellers agent shall mark Yes on the Natural Hazard Disclosure Statement, even if the map has not yet been updated. The seller or sellers agent shall attach a copy of the Letter of Map Revision to the disclosure statement.(e) The disclosure required pursuant to this article may be provided by the seller and the sellers agent in the Local Option Real Estate Disclosure Statement described in Section 1102.6a, provided that the Local Option Real Estate Disclosure Statement includes substantially the same information and substantially the same warnings that are required by this section.(f) (1) The legal effect of a consultants report delivered to satisfy the exemption provided by Section 1103.4 is not changed when it is accompanied by a Natural Hazard Disclosure Statement.(2) A consultants report shall always be accompanied by a completed and signed Natural Hazard Disclosure Statement.(3) In a disclosure statement required by this section, an agent and third-party provider may cause the agent and third-party providers name to be preprinted in lieu of an original signature in the portions of the form reserved for signatures. The use of a preprinted name shall not change the legal effect of the acknowledgment.(g) The disclosure required by this article is only a disclosure between the seller, the sellers agent, and the prospective buyer, and shall not be used by any other party, including, but not limited to, insurance companies, lenders, or governmental agencies, for any purpose.(h) In any transaction in which a seller has accepted, prior to June 1, 1998, an offer to purchase, the seller, or the sellers agent shall be deemed to have complied with the requirement of subdivision (a) if the seller or agent delivers to the prospective buyer a statement that includes substantially the same information and warning as the Natural Hazard Disclosure Statement.
38	49
39	50		SECTION 1. Section 1103.2 of the Civil Code is amended to read:
40	51
41	52		### SECTION 1.
42	53
43	54		1103.2. (a) The disclosures required by this article are set forth in, and shall be made on a copy of, the following Natural Hazard Disclosure Statement:NATURAL HAZARD DISCLOSURE STATEMENTThis statement applies to the following property:The seller and the sellers agent(s) or a third-party consultant disclose the following information with the knowledge that even though this is not a warranty, prospective buyers may rely on this information in deciding whether and on what terms to purchase the subject property. Seller hereby authorizes any agent(s) representing any principal(s) in this action to provide a copy of this statement to any person or entity in connection with any actual or anticipated sale of the property.The following are representations made by the seller and the sellers agent(s) based on their knowledge and maps drawn by the state and federal governments. This information is a disclosure and is not intended to be part of any contract between the seller and buyer.THIS REAL PROPERTY LIES WITHIN THE FOLLOWING HAZARDOUS AREA(S):A SPECIAL FLOOD HAZARD AREA (Any type Zone A or V) designated by the Federal Emergency Management Agency.Yes ____ No ____ Do not know and _____ information not _____ available from local _____ jurisdiction ____ AN AREA OF POTENTIAL FLOODING shown on a dam failure inundation map pursuant to Section 8589.5 of the Government Code.Yes ____ No ____ Do not know and _____ information not _____ available from local _____ jurisdiction ____A HIGH or VERY HIGH FIRE HAZARD SEVERITY ZONE (FHSZ) as identified by the Director of Forestry and Fire Protection pursuant to Section 51178 of the Government Code or Article 9 (commencing with Section 4201) of Chapter 1 of Part 2 of Division 4 of the Public Resources Code. The owner of this property is subject to the maintenance requirements of Section 51182 of the Government Code.Yes ____ No ____High FHSZ in a state responsibility area ____Very High FHSZ in a state responsibility area ____Very High FHSZ in a local responsibility area ____A WILDLAND AREA THAT MAY CONTAIN SUBSTANTIAL FOREST FIRE RISKS AND HAZARDS pursuant to Section 4125 of the Public Resources Code. The owner of this property is subject to the maintenance requirements of Section 4291 of the Public Resources Code. Additionally, it is not the states responsibility to provide fire protection services to any building or structure located within the wildlands unless the Department of Forestry and Fire Protection has entered into a cooperative agreement with a local agency for those purposes pursuant to Section 4142 of the Public Resources Code.Yes ____ No ____AN EARTHQUAKE FAULT ZONE pursuant to Section 2622 of the Public Resources Code.Yes ____ No ____A SEISMIC HAZARD ZONE pursuant to Section 2696 of the Public Resources Code.Yes (Landslide Zone)____________ Yes (Liquefaction Zone) ______No ____ Map not yet released bystate ____THESE HAZARDS MAY LIMIT YOUR ABILITY TO DEVELOP THE REAL PROPERTY, TO OBTAIN INSURANCE, OR TO RECEIVE ASSISTANCE AFTER A DISASTER.THE MAPS ON WHICH THESE DISCLOSURES ARE BASED ESTIMATE WHERE NATURAL HAZARDS EXIST. THEY ARE NOT DEFINITIVE INDICATORS OF WHETHER OR NOT A PROPERTY WILL BE AFFECTED BY A NATURAL DISASTER. SELLER(S) AND BUYER(S) MAY WISH TO OBTAIN PROFESSIONAL ADVICE REGARDING THOSE HAZARDS AND OTHER HAZARDS THAT MAY AFFECT THE PROPERTY.Signature of Seller(s)DateSignature of Seller(s)DateSellers Agent(s)DateSellers Agent(s)DateCheck only one of the following: _____ Seller(s) and their agent(s) represent that the information herein is true and correct to the best of their knowledge as of the date signed by the transferor(s) and agent(s). _____ Seller(s) and their agent(s) acknowledge that they have exercised good faith in the selection of a third-party report provider as required in Section 1103.7 of the Civil Code, and that the representations made in this Natural Hazard Disclosure Statement are based upon information provided by the independent third-party disclosure provider as a substituted disclosure pursuant to Section 1103.4 of the Civil Code. Neither seller(s) nor their agent(s) (1) has independently verified the information contained in this statement and report or (2) is personally aware of any errors or inaccuracies in the information contained on the statement. This statement was prepared by the provider below:Third-PartyDisclosure Provider(s)DateBuyer represents that Buyer has read and understands this document. Pursuant to Section 1103.8 of the Civil Code, the representations made in this Natural Hazard Disclosure Statement do not constitute all of the sellers or agents disclosure obligations in this transaction.Signature of Buyer(s)DateSignature of Buyer(s) Date(b) If an earthquake fault zone, seismic hazard zone, high or very high fire hazard severity zone, or wildland fire area map or accompanying information is not of sufficient accuracy or scale that a reasonable person can determine if the subject real property is included in a natural hazard area, the seller or sellers agent shall mark Yes on the Natural Hazard Disclosure Statement. The sellers agent may mark No on the Natural Hazard Disclosure Statement if the seller attaches a report prepared pursuant to subdivision (c) of Section 1103.4 that verifies the property is not in the hazard zone. This subdivision is not intended to limit or abridge any existing duty of the seller or the sellers agent to exercise reasonable care in making a determination under this subdivision.(c) If the Federal Emergency Management Agency has issued a Letter of Map Revision confirming that a property is no longer within a special flood hazard area, then the seller or sellers agent may mark No on the Natural Hazard Disclosure Statement, even if the map has not yet been updated. The seller or sellers agent shall attach a copy of the Letter of Map Revision to the disclosure statement.(d) If the Federal Emergency Management Agency has issued a Letter of Map Revision confirming that a property is within a special flood hazard area and the location of the letter has been posted pursuant to subdivision (g) of Section 8589.3 of the Government Code, then the seller or sellers agent shall mark Yes on the Natural Hazard Disclosure Statement, even if the map has not yet been updated. The seller or sellers agent shall attach a copy of the Letter of Map Revision to the disclosure statement.(e) The disclosure required pursuant to this article may be provided by the seller and the sellers agent in the Local Option Real Estate Disclosure Statement described in Section 1102.6a, provided that the Local Option Real Estate Disclosure Statement includes substantially the same information and substantially the same warnings that are required by this section.(f) (1) The legal effect of a consultants report delivered to satisfy the exemption provided by Section 1103.4 is not changed when it is accompanied by a Natural Hazard Disclosure Statement.(2) A consultants report shall always be accompanied by a completed and signed Natural Hazard Disclosure Statement.(3) In a disclosure statement required by this section, an agent and third-party provider may cause the agent and third-party providers name to be preprinted in lieu of an original signature in the portions of the form reserved for signatures. The use of a preprinted name shall not change the legal effect of the acknowledgment.(g) The disclosure required by this article is only a disclosure between the seller, the sellers agent, and the prospective buyer, and shall not be used by any other party, including, but not limited to, insurance companies, lenders, or governmental agencies, for any purpose.(h) In any transaction in which a seller has accepted, prior to June 1, 1998, an offer to purchase, the seller, or the sellers agent shall be deemed to have complied with the requirement of subdivision (a) if the seller or agent delivers to the prospective buyer a statement that includes substantially the same information and warning as the Natural Hazard Disclosure Statement.
44	55
45	56		1103.2. (a) The disclosures required by this article are set forth in, and shall be made on a copy of, the following Natural Hazard Disclosure Statement:NATURAL HAZARD DISCLOSURE STATEMENTThis statement applies to the following property:The seller and the sellers agent(s) or a third-party consultant disclose the following information with the knowledge that even though this is not a warranty, prospective buyers may rely on this information in deciding whether and on what terms to purchase the subject property. Seller hereby authorizes any agent(s) representing any principal(s) in this action to provide a copy of this statement to any person or entity in connection with any actual or anticipated sale of the property.The following are representations made by the seller and the sellers agent(s) based on their knowledge and maps drawn by the state and federal governments. This information is a disclosure and is not intended to be part of any contract between the seller and buyer.THIS REAL PROPERTY LIES WITHIN THE FOLLOWING HAZARDOUS AREA(S):A SPECIAL FLOOD HAZARD AREA (Any type Zone A or V) designated by the Federal Emergency Management Agency.Yes ____ No ____ Do not know and _____ information not _____ available from local _____ jurisdiction ____ AN AREA OF POTENTIAL FLOODING shown on a dam failure inundation map pursuant to Section 8589.5 of the Government Code.Yes ____ No ____ Do not know and _____ information not _____ available from local _____ jurisdiction ____A HIGH or VERY HIGH FIRE HAZARD SEVERITY ZONE (FHSZ) as identified by the Director of Forestry and Fire Protection pursuant to Section 51178 of the Government Code or Article 9 (commencing with Section 4201) of Chapter 1 of Part 2 of Division 4 of the Public Resources Code. The owner of this property is subject to the maintenance requirements of Section 51182 of the Government Code.Yes ____ No ____High FHSZ in a state responsibility area ____Very High FHSZ in a state responsibility area ____Very High FHSZ in a local responsibility area ____A WILDLAND AREA THAT MAY CONTAIN SUBSTANTIAL FOREST FIRE RISKS AND HAZARDS pursuant to Section 4125 of the Public Resources Code. The owner of this property is subject to the maintenance requirements of Section 4291 of the Public Resources Code. Additionally, it is not the states responsibility to provide fire protection services to any building or structure located within the wildlands unless the Department of Forestry and Fire Protection has entered into a cooperative agreement with a local agency for those purposes pursuant to Section 4142 of the Public Resources Code.Yes ____ No ____AN EARTHQUAKE FAULT ZONE pursuant to Section 2622 of the Public Resources Code.Yes ____ No ____A SEISMIC HAZARD ZONE pursuant to Section 2696 of the Public Resources Code.Yes (Landslide Zone)____________ Yes (Liquefaction Zone) ______No ____ Map not yet released bystate ____THESE HAZARDS MAY LIMIT YOUR ABILITY TO DEVELOP THE REAL PROPERTY, TO OBTAIN INSURANCE, OR TO RECEIVE ASSISTANCE AFTER A DISASTER.THE MAPS ON WHICH THESE DISCLOSURES ARE BASED ESTIMATE WHERE NATURAL HAZARDS EXIST. THEY ARE NOT DEFINITIVE INDICATORS OF WHETHER OR NOT A PROPERTY WILL BE AFFECTED BY A NATURAL DISASTER. SELLER(S) AND BUYER(S) MAY WISH TO OBTAIN PROFESSIONAL ADVICE REGARDING THOSE HAZARDS AND OTHER HAZARDS THAT MAY AFFECT THE PROPERTY.Signature of Seller(s)DateSignature of Seller(s)DateSellers Agent(s)DateSellers Agent(s)DateCheck only one of the following: _____ Seller(s) and their agent(s) represent that the information herein is true and correct to the best of their knowledge as of the date signed by the transferor(s) and agent(s). _____ Seller(s) and their agent(s) acknowledge that they have exercised good faith in the selection of a third-party report provider as required in Section 1103.7 of the Civil Code, and that the representations made in this Natural Hazard Disclosure Statement are based upon information provided by the independent third-party disclosure provider as a substituted disclosure pursuant to Section 1103.4 of the Civil Code. Neither seller(s) nor their agent(s) (1) has independently verified the information contained in this statement and report or (2) is personally aware of any errors or inaccuracies in the information contained on the statement. This statement was prepared by the provider below:Third-PartyDisclosure Provider(s)DateBuyer represents that Buyer has read and understands this document. Pursuant to Section 1103.8 of the Civil Code, the representations made in this Natural Hazard Disclosure Statement do not constitute all of the sellers or agents disclosure obligations in this transaction.Signature of Buyer(s)DateSignature of Buyer(s) Date(b) If an earthquake fault zone, seismic hazard zone, high or very high fire hazard severity zone, or wildland fire area map or accompanying information is not of sufficient accuracy or scale that a reasonable person can determine if the subject real property is included in a natural hazard area, the seller or sellers agent shall mark Yes on the Natural Hazard Disclosure Statement. The sellers agent may mark No on the Natural Hazard Disclosure Statement if the seller attaches a report prepared pursuant to subdivision (c) of Section 1103.4 that verifies the property is not in the hazard zone. This subdivision is not intended to limit or abridge any existing duty of the seller or the sellers agent to exercise reasonable care in making a determination under this subdivision.(c) If the Federal Emergency Management Agency has issued a Letter of Map Revision confirming that a property is no longer within a special flood hazard area, then the seller or sellers agent may mark No on the Natural Hazard Disclosure Statement, even if the map has not yet been updated. The seller or sellers agent shall attach a copy of the Letter of Map Revision to the disclosure statement.(d) If the Federal Emergency Management Agency has issued a Letter of Map Revision confirming that a property is within a special flood hazard area and the location of the letter has been posted pursuant to subdivision (g) of Section 8589.3 of the Government Code, then the seller or sellers agent shall mark Yes on the Natural Hazard Disclosure Statement, even if the map has not yet been updated. The seller or sellers agent shall attach a copy of the Letter of Map Revision to the disclosure statement.(e) The disclosure required pursuant to this article may be provided by the seller and the sellers agent in the Local Option Real Estate Disclosure Statement described in Section 1102.6a, provided that the Local Option Real Estate Disclosure Statement includes substantially the same information and substantially the same warnings that are required by this section.(f) (1) The legal effect of a consultants report delivered to satisfy the exemption provided by Section 1103.4 is not changed when it is accompanied by a Natural Hazard Disclosure Statement.(2) A consultants report shall always be accompanied by a completed and signed Natural Hazard Disclosure Statement.(3) In a disclosure statement required by this section, an agent and third-party provider may cause the agent and third-party providers name to be preprinted in lieu of an original signature in the portions of the form reserved for signatures. The use of a preprinted name shall not change the legal effect of the acknowledgment.(g) The disclosure required by this article is only a disclosure between the seller, the sellers agent, and the prospective buyer, and shall not be used by any other party, including, but not limited to, insurance companies, lenders, or governmental agencies, for any purpose.(h) In any transaction in which a seller has accepted, prior to June 1, 1998, an offer to purchase, the seller, or the sellers agent shall be deemed to have complied with the requirement of subdivision (a) if the seller or agent delivers to the prospective buyer a statement that includes substantially the same information and warning as the Natural Hazard Disclosure Statement.
46	57
47	58		1103.2. (a) The disclosures required by this article are set forth in, and shall be made on a copy of, the following Natural Hazard Disclosure Statement:NATURAL HAZARD DISCLOSURE STATEMENTThis statement applies to the following property:The seller and the sellers agent(s) or a third-party consultant disclose the following information with the knowledge that even though this is not a warranty, prospective buyers may rely on this information in deciding whether and on what terms to purchase the subject property. Seller hereby authorizes any agent(s) representing any principal(s) in this action to provide a copy of this statement to any person or entity in connection with any actual or anticipated sale of the property.The following are representations made by the seller and the sellers agent(s) based on their knowledge and maps drawn by the state and federal governments. This information is a disclosure and is not intended to be part of any contract between the seller and buyer.THIS REAL PROPERTY LIES WITHIN THE FOLLOWING HAZARDOUS AREA(S):A SPECIAL FLOOD HAZARD AREA (Any type Zone A or V) designated by the Federal Emergency Management Agency.Yes ____ No ____ Do not know and _____ information not _____ available from local _____ jurisdiction ____ AN AREA OF POTENTIAL FLOODING shown on a dam failure inundation map pursuant to Section 8589.5 of the Government Code.Yes ____ No ____ Do not know and _____ information not _____ available from local _____ jurisdiction ____A HIGH or VERY HIGH FIRE HAZARD SEVERITY ZONE (FHSZ) as identified by the Director of Forestry and Fire Protection pursuant to Section 51178 of the Government Code or Article 9 (commencing with Section 4201) of Chapter 1 of Part 2 of Division 4 of the Public Resources Code. The owner of this property is subject to the maintenance requirements of Section 51182 of the Government Code.Yes ____ No ____High FHSZ in a state responsibility area ____Very High FHSZ in a state responsibility area ____Very High FHSZ in a local responsibility area ____A WILDLAND AREA THAT MAY CONTAIN SUBSTANTIAL FOREST FIRE RISKS AND HAZARDS pursuant to Section 4125 of the Public Resources Code. The owner of this property is subject to the maintenance requirements of Section 4291 of the Public Resources Code. Additionally, it is not the states responsibility to provide fire protection services to any building or structure located within the wildlands unless the Department of Forestry and Fire Protection has entered into a cooperative agreement with a local agency for those purposes pursuant to Section 4142 of the Public Resources Code.Yes ____ No ____AN EARTHQUAKE FAULT ZONE pursuant to Section 2622 of the Public Resources Code.Yes ____ No ____A SEISMIC HAZARD ZONE pursuant to Section 2696 of the Public Resources Code.Yes (Landslide Zone)____________ Yes (Liquefaction Zone) ______No ____ Map not yet released bystate ____THESE HAZARDS MAY LIMIT YOUR ABILITY TO DEVELOP THE REAL PROPERTY, TO OBTAIN INSURANCE, OR TO RECEIVE ASSISTANCE AFTER A DISASTER.THE MAPS ON WHICH THESE DISCLOSURES ARE BASED ESTIMATE WHERE NATURAL HAZARDS EXIST. THEY ARE NOT DEFINITIVE INDICATORS OF WHETHER OR NOT A PROPERTY WILL BE AFFECTED BY A NATURAL DISASTER. SELLER(S) AND BUYER(S) MAY WISH TO OBTAIN PROFESSIONAL ADVICE REGARDING THOSE HAZARDS AND OTHER HAZARDS THAT MAY AFFECT THE PROPERTY.Signature of Seller(s)DateSignature of Seller(s)DateSellers Agent(s)DateSellers Agent(s)DateCheck only one of the following: _____ Seller(s) and their agent(s) represent that the information herein is true and correct to the best of their knowledge as of the date signed by the transferor(s) and agent(s). _____ Seller(s) and their agent(s) acknowledge that they have exercised good faith in the selection of a third-party report provider as required in Section 1103.7 of the Civil Code, and that the representations made in this Natural Hazard Disclosure Statement are based upon information provided by the independent third-party disclosure provider as a substituted disclosure pursuant to Section 1103.4 of the Civil Code. Neither seller(s) nor their agent(s) (1) has independently verified the information contained in this statement and report or (2) is personally aware of any errors or inaccuracies in the information contained on the statement. This statement was prepared by the provider below:Third-PartyDisclosure Provider(s)DateBuyer represents that Buyer has read and understands this document. Pursuant to Section 1103.8 of the Civil Code, the representations made in this Natural Hazard Disclosure Statement do not constitute all of the sellers or agents disclosure obligations in this transaction.Signature of Buyer(s)DateSignature of Buyer(s) Date(b) If an earthquake fault zone, seismic hazard zone, high or very high fire hazard severity zone, or wildland fire area map or accompanying information is not of sufficient accuracy or scale that a reasonable person can determine if the subject real property is included in a natural hazard area, the seller or sellers agent shall mark Yes on the Natural Hazard Disclosure Statement. The sellers agent may mark No on the Natural Hazard Disclosure Statement if the seller attaches a report prepared pursuant to subdivision (c) of Section 1103.4 that verifies the property is not in the hazard zone. This subdivision is not intended to limit or abridge any existing duty of the seller or the sellers agent to exercise reasonable care in making a determination under this subdivision.(c) If the Federal Emergency Management Agency has issued a Letter of Map Revision confirming that a property is no longer within a special flood hazard area, then the seller or sellers agent may mark No on the Natural Hazard Disclosure Statement, even if the map has not yet been updated. The seller or sellers agent shall attach a copy of the Letter of Map Revision to the disclosure statement.(d) If the Federal Emergency Management Agency has issued a Letter of Map Revision confirming that a property is within a special flood hazard area and the location of the letter has been posted pursuant to subdivision (g) of Section 8589.3 of the Government Code, then the seller or sellers agent shall mark Yes on the Natural Hazard Disclosure Statement, even if the map has not yet been updated. The seller or sellers agent shall attach a copy of the Letter of Map Revision to the disclosure statement.(e) The disclosure required pursuant to this article may be provided by the seller and the sellers agent in the Local Option Real Estate Disclosure Statement described in Section 1102.6a, provided that the Local Option Real Estate Disclosure Statement includes substantially the same information and substantially the same warnings that are required by this section.(f) (1) The legal effect of a consultants report delivered to satisfy the exemption provided by Section 1103.4 is not changed when it is accompanied by a Natural Hazard Disclosure Statement.(2) A consultants report shall always be accompanied by a completed and signed Natural Hazard Disclosure Statement.(3) In a disclosure statement required by this section, an agent and third-party provider may cause the agent and third-party providers name to be preprinted in lieu of an original signature in the portions of the form reserved for signatures. The use of a preprinted name shall not change the legal effect of the acknowledgment.(g) The disclosure required by this article is only a disclosure between the seller, the sellers agent, and the prospective buyer, and shall not be used by any other party, including, but not limited to, insurance companies, lenders, or governmental agencies, for any purpose.(h) In any transaction in which a seller has accepted, prior to June 1, 1998, an offer to purchase, the seller, or the sellers agent shall be deemed to have complied with the requirement of subdivision (a) if the seller or agent delivers to the prospective buyer a statement that includes substantially the same information and warning as the Natural Hazard Disclosure Statement.
48	59
49	60
50	61
51	62		1103.2. (a) The disclosures required by this article are set forth in, and shall be made on a copy of, the following Natural Hazard Disclosure Statement:
52	63
53	64		NATURAL HAZARD DISCLOSURE STATEMENT
54	65		This statement applies to the following property:
55	66		The seller and the sellers agent(s) or a third-party consultant disclose the following information with the knowledge that even though this is not a warranty, prospective buyers may rely on this information in deciding whether and on what terms to purchase the subject property. Seller hereby authorizes any agent(s) representing any principal(s) in this action to provide a copy of this statement to any person or entity in connection with any actual or anticipated sale of the property.
56	67		The following are representations made by the seller and the sellers agent(s) based on their knowledge and maps drawn by the state and federal governments. This information is a disclosure and is not intended to be part of any contract between the seller and buyer.
57	68		THIS REAL PROPERTY LIES WITHIN THE FOLLOWING HAZARDOUS AREA(S):
58	69		A SPECIAL FLOOD HAZARD AREA (Any type Zone A or V) designated by the Federal Emergency Management Agency.
59	70		Yes ____ No ____ Do not know and _____ information not _____ available from local _____ jurisdiction ____
60	71		AN AREA OF POTENTIAL FLOODING shown on a dam failure inundation map pursuant to Section 8589.5 of the Government Code.
61	72		Yes ____ No ____ Do not know and _____ information not _____ available from local _____ jurisdiction ____
62	73		A HIGH or VERY HIGH FIRE HAZARD SEVERITY ZONE (FHSZ) as identified by the Director of Forestry and Fire Protection pursuant to Section 51178 of the Government Code or Article 9 (commencing with Section 4201) of Chapter 1 of Part 2 of Division 4 of the Public Resources Code. The owner of this property is subject to the maintenance requirements of Section 51182 of the Government Code.
63	74		Yes ____ No ____High FHSZ in a state responsibility area ____Very High FHSZ in a state responsibility area ____Very High FHSZ in a local responsibility area ____
64	75		A WILDLAND AREA THAT MAY CONTAIN SUBSTANTIAL FOREST FIRE RISKS AND HAZARDS pursuant to Section 4125 of the Public Resources Code. The owner of this property is subject to the maintenance requirements of Section 4291 of the Public Resources Code. Additionally, it is not the states responsibility to provide fire protection services to any building or structure located within the wildlands unless the Department of Forestry and Fire Protection has entered into a cooperative agreement with a local agency for those purposes pursuant to Section 4142 of the Public Resources Code.
65	76		Yes ____ No ____
66	77		AN EARTHQUAKE FAULT ZONE pursuant to Section 2622 of the Public Resources Code.
67	78		Yes ____ No ____
68	79		A SEISMIC HAZARD ZONE pursuant to Section 2696 of the Public Resources Code.
69	80		Yes (Landslide Zone)____________ Yes (Liquefaction Zone) ______No ____ Map not yet released bystate ____
70	81		THESE HAZARDS MAY LIMIT YOUR ABILITY TO DEVELOP THE REAL PROPERTY, TO OBTAIN INSURANCE, OR TO RECEIVE ASSISTANCE AFTER A DISASTER.
71	82		THE MAPS ON WHICH THESE DISCLOSURES ARE BASED ESTIMATE WHERE NATURAL HAZARDS EXIST. THEY ARE NOT DEFINITIVE INDICATORS OF WHETHER OR NOT A PROPERTY WILL BE AFFECTED BY A NATURAL DISASTER. SELLER(S) AND BUYER(S) MAY WISH TO OBTAIN PROFESSIONAL ADVICE REGARDING THOSE HAZARDS AND OTHER HAZARDS THAT MAY AFFECT THE PROPERTY.
72	83
73	84		NATURAL HAZARD DISCLOSURE STATEMENT
74	85
75	86		This statement applies to the following property:
76	87
77	88		The seller and the sellers agent(s) or a third-party consultant disclose the following information with the knowledge that even though this is not a warranty, prospective buyers may rely on this information in deciding whether and on what terms to purchase the subject property. Seller hereby authorizes any agent(s) representing any principal(s) in this action to provide a copy of this statement to any person or entity in connection with any actual or anticipated sale of the property.
78	89
79	90		The following are representations made by the seller and the sellers agent(s) based on their knowledge and maps drawn by the state and federal governments. This information is a disclosure and is not intended to be part of any contract between the seller and buyer.
80	91
81	92		THIS REAL PROPERTY LIES WITHIN THE FOLLOWING HAZARDOUS AREA(S):
82	93
83	94
84	95
85	96		A SPECIAL FLOOD HAZARD AREA (Any type Zone A or V) designated by the Federal Emergency Management Agency.
86	97
87	98
88	99
89	100		Yes ____ No ____ Do not know and _____ information not _____ available from local _____ jurisdiction ____
90	101
91	102
92	103
93	104		AN AREA OF POTENTIAL FLOODING shown on a dam failure inundation map pursuant to Section 8589.5 of the Government Code.
94	105
95	106
96	107
97	108		Yes ____ No ____ Do not know and _____ information not _____ available from local _____ jurisdiction ____
98	109
99	110
100	111
101	112		A HIGH or VERY HIGH FIRE HAZARD SEVERITY ZONE (FHSZ) as identified by the Director of Forestry and Fire Protection pursuant to Section 51178 of the Government Code or Article 9 (commencing with Section 4201) of Chapter 1 of Part 2 of Division 4 of the Public Resources Code. The owner of this property is subject to the maintenance requirements of Section 51182 of the Government Code.
102	113
103	114
104	115
105	116		Yes ____ No ____
106	117
107	118		High FHSZ in a state responsibility area ____
108	119
109	120		Very High FHSZ in a state responsibility area ____
110	121
111	122		Very High FHSZ in a local responsibility area ____
112	123
113	124
114	125
115	126		A WILDLAND AREA THAT MAY CONTAIN SUBSTANTIAL FOREST FIRE RISKS AND HAZARDS pursuant to Section 4125 of the Public Resources Code. The owner of this property is subject to the maintenance requirements of Section 4291 of the Public Resources Code. Additionally, it is not the states responsibility to provide fire protection services to any building or structure located within the wildlands unless the Department of Forestry and Fire Protection has entered into a cooperative agreement with a local agency for those purposes pursuant to Section 4142 of the Public Resources Code.
116	127
117	128
118	129
119	130		Yes ____ No ____
120	131
121	132
122	133
123	134		AN EARTHQUAKE FAULT ZONE pursuant to Section 2622 of the Public Resources Code.
124	135
125	136
126	137
127	138		Yes ____ No ____
128	139
129	140
130	141
131	142		A SEISMIC HAZARD ZONE pursuant to Section 2696 of the Public Resources Code.
132	143
133	144
134	145
135	146		Yes (Landslide Zone)____________ Yes (Liquefaction Zone) ______
136	147
137	148		No ____ Map not yet released by
138	149
139	150		state ____
140	151
141	152		THESE HAZARDS MAY LIMIT YOUR ABILITY TO DEVELOP THE REAL PROPERTY, TO OBTAIN INSURANCE, OR TO RECEIVE ASSISTANCE AFTER A DISASTER.
142	153
143	154		THE MAPS ON WHICH THESE DISCLOSURES ARE BASED ESTIMATE WHERE NATURAL HAZARDS EXIST. THEY ARE NOT DEFINITIVE INDICATORS OF WHETHER OR NOT A PROPERTY WILL BE AFFECTED BY A NATURAL DISASTER. SELLER(S) AND BUYER(S) MAY WISH TO OBTAIN PROFESSIONAL ADVICE REGARDING THOSE HAZARDS AND OTHER HAZARDS THAT MAY AFFECT THE PROPERTY.
144	155
145	156		Signature of Seller(s) Date
146	157		Signature of Seller(s) Date
147	158		Sellers Agent(s) Date
148	159		Sellers Agent(s) Date
149	160		Check only one of the following: _____
150	161		Seller(s) and their agent(s) represent that the information herein is true and correct to the best of their knowledge as of the date signed by the transferor(s) and agent(s).
151	162		_____
152	163		Seller(s) and their agent(s) acknowledge that they have exercised good faith in the selection of a third-party report provider as required in Section 1103.7 of the Civil Code, and that the representations made in this Natural Hazard Disclosure Statement are based upon information provided by the independent third-party disclosure provider as a substituted disclosure pursuant to Section 1103.4 of the Civil Code. Neither seller(s) nor their agent(s) (1) has independently verified the information contained in this statement and report or (2) is personally aware of any errors or inaccuracies in the information contained on the statement. This statement was prepared by the provider below:
153	164		Third-PartyDisclosure Provider(s) Date
154	165		Buyer represents that Buyer has read and understands this document. Pursuant to Section 1103.8 of the Civil Code, the representations made in this Natural Hazard Disclosure Statement do not constitute all of the sellers or agents disclosure obligations in this transaction.
155	166		Signature of Buyer(s) Date
156	167		Signature of Buyer(s) Date
157	168
158	169		Signature of Seller(s)
159	170
160	171		Date
161	172
162	173		Signature of Seller(s)
163	174
164	175		Date
165	176
166	177		Sellers Agent(s)
167	178
168	179		Date
169	180
170	181		Sellers Agent(s)
171	182
172	183		Date
173	184
174	185		Check only one of the following: _____
175	186
176	187		Seller(s) and their agent(s) represent that the information herein is true and correct to the best of their knowledge as of the date signed by the transferor(s) and agent(s).
177	188
178	189		_____
179	190
180	191		Seller(s) and their agent(s) acknowledge that they have exercised good faith in the selection of a third-party report provider as required in Section 1103.7 of the Civil Code, and that the representations made in this Natural Hazard Disclosure Statement are based upon information provided by the independent third-party disclosure provider as a substituted disclosure pursuant to Section 1103.4 of the Civil Code. Neither seller(s) nor their agent(s) (1) has independently verified the information contained in this statement and report or (2) is personally aware of any errors or inaccuracies in the information contained on the statement. This statement was prepared by the provider below:
181	192
182	193		Third-Party
183	194
184	195		Disclosure Provider(s)
185	196
186	197		Date
187	198
188	199		Buyer represents that Buyer has read and understands this document. Pursuant to Section 1103.8 of the Civil Code, the representations made in this Natural Hazard Disclosure Statement do not constitute all of the sellers or agents disclosure obligations in this transaction.
189	200
190	201		Signature of Buyer(s)
191	202
192	203		Date
193	204
194	205		Signature of Buyer(s)
195	206
196	207		Date
197	208
198	209		(b) If an earthquake fault zone, seismic hazard zone, high or very high fire hazard severity zone, or wildland fire area map or accompanying information is not of sufficient accuracy or scale that a reasonable person can determine if the subject real property is included in a natural hazard area, the seller or sellers agent shall mark Yes on the Natural Hazard Disclosure Statement. The sellers agent may mark No on the Natural Hazard Disclosure Statement if the seller attaches a report prepared pursuant to subdivision (c) of Section 1103.4 that verifies the property is not in the hazard zone. This subdivision is not intended to limit or abridge any existing duty of the seller or the sellers agent to exercise reasonable care in making a determination under this subdivision.
199	210
200	211		(c) If the Federal Emergency Management Agency has issued a Letter of Map Revision confirming that a property is no longer within a special flood hazard area, then the seller or sellers agent may mark No on the Natural Hazard Disclosure Statement, even if the map has not yet been updated. The seller or sellers agent shall attach a copy of the Letter of Map Revision to the disclosure statement.
201	212
202	213		(d) If the Federal Emergency Management Agency has issued a Letter of Map Revision confirming that a property is within a special flood hazard area and the location of the letter has been posted pursuant to subdivision (g) of Section 8589.3 of the Government Code, then the seller or sellers agent shall mark Yes on the Natural Hazard Disclosure Statement, even if the map has not yet been updated. The seller or sellers agent shall attach a copy of the Letter of Map Revision to the disclosure statement.
203	214
204	215		(e) The disclosure required pursuant to this article may be provided by the seller and the sellers agent in the Local Option Real Estate Disclosure Statement described in Section 1102.6a, provided that the Local Option Real Estate Disclosure Statement includes substantially the same information and substantially the same warnings that are required by this section.
205	216
206	217		(f) (1) The legal effect of a consultants report delivered to satisfy the exemption provided by Section 1103.4 is not changed when it is accompanied by a Natural Hazard Disclosure Statement.
207	218
208	219		(2) A consultants report shall always be accompanied by a completed and signed Natural Hazard Disclosure Statement.
209	220
210	221		(3) In a disclosure statement required by this section, an agent and third-party provider may cause the agent and third-party providers name to be preprinted in lieu of an original signature in the portions of the form reserved for signatures. The use of a preprinted name shall not change the legal effect of the acknowledgment.
211	222
212	223		(g) The disclosure required by this article is only a disclosure between the seller, the sellers agent, and the prospective buyer, and shall not be used by any other party, including, but not limited to, insurance companies, lenders, or governmental agencies, for any purpose.
213	224
214	225		(h) In any transaction in which a seller has accepted, prior to June 1, 1998, an offer to purchase, the seller, or the sellers agent shall be deemed to have complied with the requirement of subdivision (a) if the seller or agent delivers to the prospective buyer a statement that includes substantially the same information and warning as the Natural Hazard Disclosure Statement.