El Dorado County Municipal Code Ch. 130.90 Real Property Fire Hazard Disclosure

This Chapter shall be known and may be referred to in all proceedings as the County Real Property Fire Hazard Disclosure Ordinance.

(Code 1997, § 8.10.010)

The purpose of this Chapter is to require sellers of wildlife risk area real property within County boundaries to disclose in good faith to prospective buyers wildlife area hazards affecting the real property as set forth in Section 130.90.050.

(Code 1997, § 8.10.020)

The authority of this Chapter is contained in California Civil Code Section 1102.6a.

(Code 1997, § 8.10.030)

This Chapter applies to all wildlife area real property transfers by sale, exchanges, installment land sale contracts (as defined by Civil Code Section 2985), leases with an option to purchase, any other options to purchase, ground leases of real property coupled with improvements, or residential stock cooperatives improved with or consisting of from one to four dwelling units within the County; however, this Chapter does not apply to the real property transfer categories set forth at Civil Code Section 1102.2.

(Code 1997, § 8.10.040)

The disclosure form as set out in Civil Code Section 1102.6a shall be personally delivered or mailed to prospective buyers or their spouses in real property transfers as defined in Section 130.90.040 by sellers or their agents.

(Code 1997, § 8.10.050)

Any failure by a seller governed by these provisions to provide the disclosure as set forth in Section 130.90.050 does not invalidate the real property transfer. Any seller or broker acting on behalf of the seller who willfully or negligently fails to comply with this Chapter shall, pursuant to Civil Code Section 1102.13, be liable in the amount of actual damages suffered by a transferee.

(Code 1997, § 8.10.060)

All real estate transfer transactions subject to this Chapter shall be governed by the general provisions of Civil Code Sections 1102 to 1102.17.

(Code 1997, § 8.10.010; Ord. No. 4261, 1992)