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California · Civil Code §2079California agent visual inspection duty (Civil Code §2079)

In California a licensed broker or salesperson who has a written contract with the seller to find a buyer – or who cooperates with that broker – owes a prospective buyer of a one-to-four unit home or manufactured home a reasonably competent and diligent visual inspection of the property, and must disclose all facts materially affecting value or desirability that the inspection would reveal (Civil Code §2079). The inspection does not cover areas reasonably and normally inaccessible, off-site areas or public records (§2079.3), and the buyer keeps a duty of reasonable care (§2079.5).

The rules

  1. Who (§2079(a))

    A broker with a written contract with the seller to find or obtain a buyer, and a broker cooperating with that broker, together with their salespersons.

  2. What

    A reasonably competent and diligent visual inspection, and disclosure of all facts materially affecting value or desirability that an investigation would reveal.

  3. What it excludes (§2079.3)

    Areas reasonably and normally inaccessible, areas off the site, public records or permits on title or use, and – in a condo, planned development or co-op – more than the unit, if the HOA document rules are followed.

  4. Limit (§2079.4)

    Legal action for breach must start within 2 years from possession – recordation, close of escrow or occupancy, whichever is first.

Good to know

  • The buyer still must exercise reasonable care to protect themselves, including facts within the buyer's diligent attention and observation (§2079.5).
  • The duty applies to residential property with one to four dwelling units or a manufactured home.
  • The agent's findings are usually written on a separate visual inspection disclosure that each agent signs; it does not replace the seller's TDS.

What the TC tracks

  • The listing agent's visual inspection disclosure delivered with the seller disclosures.
  • The buyer's agent's own visual inspection disclosure.
  • Buyer signatures acknowledging receipt before the disclosure deadline.

Questions about the California agent visual inspection

Does a California buyer's agent have to inspect the property?

Yes, if the agent cooperates with the listing broker to find a buyer: §2079 covers the listing broker and the cooperating broker.

What does the agent visual inspection cover?

A reasonably competent and diligent visual inspection of accessible areas and disclosure of facts materially affecting value or desirability that it would reveal (§2079).

Does the agent have to look in the attic or crawl space?

Not in areas that are reasonably and normally inaccessible to this type of inspection (§2079.3).

Does the visual inspection replace a home inspection?

No. It is a visual check by the agent; the buyer keeps a duty of reasonable care (§2079.5) and usually orders a professional inspection.

How long does a buyer have to sue for breach of §2079?

No more than 2 years from the date of possession – recordation, close of escrow or occupancy, whichever is first (§2079.4).

Related guides

Track both agents' visual inspection disclosures and the buyer's signatures as tasks with owners and due dates in ClosingCode, next to the TDS and NHD.

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Source: California Civil Code §§2079, 2079.3, 2079.4, 2079.5 (leginfo.legislature.ca.gov, read October 24, 2026).

General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage.