California Assembly Bill AB455

California 2025-2026 Regular Session

• Introduced: 2/6/25
• Refer: 3/17/25
• Report Pass: 4/8/25
• Refer: 4/8/25
• Report Pass: 4/30/25
• Refer: 4/30/25
• Report Pass: 5/14/25
• Engrossed: 5/23/25
• Refer: 5/23/25
• Refer: 6/4/25
• Report Pass: 7/2/25
• Refer: 7/3/25
• Report Pass: 7/16/25
• Refer: 7/17/25

Caption

Real estate: environmental hazards: thirdhand smoke.

Impact

The enactment of AB 455 would require significant changes to the real estate disclosure process in California. It explicitly establishes the responsibility of property sellers regarding thirdhand smoke, which adds a new layer of consumer protection in real estate transactions. The Department of Toxic Substances Control is tasked with updating educational resources about environmental hazards to include comprehensive information on thirdhand smoke, which could influence both sellers and buyers in their decisions.

Summary

Assembly Bill 455, introduced by Assembly Member Ortega, seeks to amend existing laws concerning real estate transactions, specifically by addressing environmental hazards such as thirdhand smoke. The bill mandates that sellers of single-family residential properties disclose any knowledge they have regarding the existence of residue from smoking or vaping tobacco or nicotine products to prospective buyers. Sellers must provide this information in written form, emphasizing the accountability of sellers in transactions involving properties that may carry health risks due to previous smoking activities.

Sentiment

The general sentiment surrounding AB 455 has been supportive, with stakeholders advocating for increased transparency in real estate transactions to protect buyer health and safety. The recognition of thirdhand smoke as a serious environmental hazard has garnered attention, leading to favorable opinions on the need for clear disclosures. However, there may be concerns among some real estate professionals about the increased regulatory burden and potential implications for housing market dynamics.

Contention

Notable points of contention regarding AB 455 may arise from the implementation of new disclosure requirements. Real estate professionals could argue that the obligation placed on sellers to disclose such specific information might lead to disputes over what constitutes 'actual knowledge' of thirdhand smoke or residue. Additionally, there is potential for confusion regarding the testing methods for determining the presence of nicotine residues, which might impact the perceived value of certain properties.