Can a broker who represents the seller in a residential real estate transaction disclose the existence of a garage easement?

Neither Civil Code section 2079 nor the statutory scheme governing real estate broker disclosures imposes the strict liability that plaintiff advocates. Civil Code section 2079 imposes on a broker who represents the seller in a residential real estate transaction a duty "to conduct a reasonably competent and diligent visual inspection of the property offered for sale and to disclose to [a] prospective purchaser all facts materially affecting the value or desirability of the property that an investigation would reveal . . . ." The scope of the broker's inspection obligation is limited by Civil Code section 2079.3, which provides in part: "The inspection to be performed pursuant to this article does not include or involve an inspection of areas that are reasonably and normally inaccessible to such an inspection, nor an affirmative inspection of areas off the site of the subject property or public records or permits concerning the title or use of the property . . . ." Defendants disclosed to plaintiff the existence of the garage easement and that the easement would soon have to be renewed. They had no duty to investigate or disclose the details concerning that easement. (Pagano v. Krohn (1997) 60 Cal.App.4th 1, 9-10 [seller's broker, who disclosed general water intrusion problem in condominium complex, did not have duty to provide buyer with specific details regarding intrusion or allegations in condominium association's complaint against developer].)