What is the duty of a real estate broker or salesperson toward a prospective buyer of a property?

California, United States of America


The following excerpt is from Padgett v. Phariss, 54 Cal.App.4th 1270, 63 Cal.Rptr.2d 373 (Cal. App. 1997):

Section 2079 is the codification of the duties of a real estate broker or salesperson toward a prospective buyer of property, i.e., to inspect and disclose pertinent facts about the property offered for sale in a transaction in which that broker or salesperson is involved. Specifically, the real estate broker or salesperson has a duty "to conduct a reasonably competent and diligent visual inspection of the property offered for sale and to disclose to that prospective purchaser all facts materially affecting the value or desirability of the property that an investigation would reveal ...." ( 2079; see Easton v. Strassburger (1984) 152 Cal.App.3d 90, 199 Cal.Rptr. 383, the genesis of this law.)

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