Real Estate Updates

Home Hardening Effective January 2021

Introduction

"Home hardening" refers to building resistant materials and home features that protect a home from catching fire. Beginning January 1, 2021, sellers will be required to complete a new home hardening disclosure for properties that are:

• Within high or very high fire hazard zones

• Built before 2010

• Residential one to four properties; condominiums or other common interest development units; or

manufactured homes

The disclosure will contain a general notice about home hardening and require the seller to answer questions specifying which home hardening features the home lacks that make the home vulnerable to wildfire and flying embers based on the seller's actual knowledge. To assist sellers and agents in complying with this new legal obligation, C.A.R. has created a new form entitled, "Home Fire Hardening Disclosure and Advisory" (C.A.R. Form HHDA).

This disclosure is integrated into the same law pertaining to the Real Estate Transfer Disclosure Statement (the "TDS"). So, like the TDS law, the home hardening disclosure applies to residential one to four properties, and has exemptions and cancellation rights just as the TDS does.