Under CC 2079 Sacramento real estate agents representing sellers must (1) conduct a reasonably diligent visual inspection of the listed property and (2) disclose material facts affecting the desirability or value of the property. However, the aforementioned duty does not protect buyers of property with obvious defects. If a defect affecting the value or desirability of property is within the buyer’s “diligent attention and observation” the buyer cannot play the victim and seek recompense against the listing agent under CC 2079. The inspection and disclosure statute is designed to protect buyers from facts which are not discoverable by the buyer, not facts which are as obvious to the buyer as they are to the listing agent. In essence, CC 2079 does not allow buyers to be reckless as to the condition of real estate. Buyers have the obligation to exercise reasonable care in the purchase of a home and open their eyes to obvious defects. In short, a buyer may only rely on CC 2079 when the listing real estate agent in Sacramento did not disclose a fact discoverable by a visual inspection which was not discoverable by the buyer, and which was not within the buyer’s diligent attention and observation.
By Adam Garcia.