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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 111450
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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The california civil code section 2079 states that an

Customer Question

The california civil code section 2079 states that an agent/broker must perform a visual inspection " if that broker has a written contract with the seller to find or obtain a buyer or is a broker who acts in cooperation with that broker to
find and obtain a buyer."
My question is in what circumstances is this inspection not required of the agent.
If I am only representing the seller, and not acting in the dual agent capacity, and I do not have a cooperation agreement with the buyer's agent. Seller pays my fee independently of buyer's agent commission. I will be negotiating on seller's behalf exclusively.
Am I still requires to complete a visual inspection? The property is more than 300 miles away from me :)
The re
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You are still responsible to have the inspection made either by you or through someone who is an agent for you and failure to do so can result in liability on you in the event there is any misrepresentation by the seller. So it is your liability if you should fail to make the inspection or cause it to be made by an agent of yours and documented.
Customer: replied 4 months ago.
Thanks for your quick response. What exactly triggers the requirement? the law states "if that broker has a written contract with the seller to find or obtain a buyer". I would like to know what conditions do not meet this test. If I were not to negotiate on seller's behalf, but only provide my opinion to the seller without being a party to the transaction. Would that change it?
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your reply.
If you are representing the seller under contract, then you are liable, that is what triggers it. So if you have no written contract with the seller to find a buyer it would not apply.