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(a) A person who is acting as an agent for a transferor of real property that is located within a special flood hazard area (any type Zone “A” or “V”) designated by the Federal Emergency Management Agency, or the transferor if he or she is acting without an agent, shall disclose to any prospective transferee the fact that the property is located within a special flood hazard area.
(b) Disclosure is required pursuant to this section only when one of the following conditions is met:
(1) The transferor, or the transferor's agent, has actual knowledge that the property is within a special flood hazard area.
(2) The local jurisdiction has compiled a list, by parcel, of properties that are within the special flood hazard area and a notice has been posted at the offices of the county recorder, county assessor, and county planning agency that identifies the location of the parcel list.
(c) In all transactions that are subject to Section 1103 of the Civil Code , the disclosure required by subdivision (a) of this section shall be provided by either of the following means:
(1) The Local Option Real Estate Disclosure Statement as provided in Section 1102.6a of the Civil Code .
(2) The Natural Hazard Disclosure Statement as provided in Section 1103.2 of the Civil Code .
(d) For purposes of the disclosure required by this section, the following persons shall not be deemed agents of the transferor:
(1) Persons specified in Section 1103.11 of the Civil Code .
(2) Persons acting under a power of sale regulated by Section 2924 of the Civil Code .
(e) Section 1103.13 of the Civil Code shall apply to this section.
(f) The specification of items for disclosure in this section does not limit or abridge any obligation for disclosure created by any other provision of law or that may exist in order to avoid fraud, misrepresentation, or deceit in the transfer transaction.
(g) A notice shall be posted at the offices of the county recorder, county assessor, and county planning agency that identifies the location of the special flood hazard area map, any relevant Letters of Map Revision from the Federal Emergency Management Agency, and any parcel list compiled by the local jurisdiction.
Cite this article: FindLaw.com - California Code, Government Code - GOV § 8589.3 - last updated January 01, 2019 | https://codes.findlaw.com/ca/government-code/gov-sect-8589-3.html
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