Real estate: environmental hazards: thirdhand smoke.

Plain English Breakdown

The official source does not specify penalties or enforcement mechanisms if sellers do not comply with disclosure requirements.

Real Estate Sales: Thirdhand Smoke Disclosures

This law requires sellers who know about smoking residue or a history of smoking in their single-family home to inform buyers in writing and updates an informational booklet on environmental hazards to include information about thirdhand smoke.

What This Bill Does

• Requires sellers who have actual knowledge of the existence of any residue from smoking tobacco or nicotine products, or any history of occupants smoking these products on the property, to disclose that knowledge to the buyer in writing.
• Updates an existing booklet on common environmental hazards to include a new section on thirdhand smoke.

Who It Names or Affects

• Sellers of single-family homes who know there is residue from smoking tobacco or nicotine products or a history of occupants smoking these products in their home.
• Buyers of single-family homes who receive disclosures from sellers about smoking-related issues.
• The Department of Toxic Substances Control, which updates and reviews the environmental hazards booklet.

Terms To Know

Thirdhand smoke

Residue left behind after smoking tobacco or nicotine products that can stick to surfaces and dust in a home.

Environmental hazard

A danger found in homes, like lead paint or radon gas, which can harm people's health.

Limits and Unknowns

• The bill does not specify what happens if sellers do not follow the disclosure requirements.
• It is unclear how much it will cost to update and distribute the booklet on environmental hazards.

Official Summary Text

AB 455, Ortega.
Real estate: environmental hazards: thirdhand smoke.
Existing law requires that specified disclosures be made upon any transfer by sale, exchange, real property sales contract, lease with an option to purchase, any other option to purchase, or ground lease coupled with improvements, of any single-family residential property.
This bill would make it the sole responsibility of a seller of a single-family residential property who has actual knowledge of the existence of any residue from smoking tobacco or nicotine products, as defined, or any history of occupants smoking tobacco or nicotine products on the
property, as specified, to disclose that knowledge to the buyer in writing.
Existing law requires the Department of Real Estate to develop a booklet to educate and inform consumers on, among other things, common environmental hazards that are located on, and affect, real property, and requires the Department of Toxic Substances Control to publish and distribute the booklet to the public upon request, as specified. Existing law also requires the Department of Toxic Substances Control to publish a new edition of the booklet and requires that this new edition be in substantial compliance with certain federal disclosure requirements regarding the safe management of lead and radon gas in housing, as provided.
This bill would require the Department of Toxic Substances Control to update the above-described booklet to include
a new section on thirdhand smoke. To offset costs, the bill would require the Department of Toxic Substances to delegate the responsibility for the update to the Center for Tobacco and the Environment at San Diego State University, as specified. The bill would require the department to review the proposed update to ensure it adequately educates and informs consumers on specified matters relating to thirdhand smoke as a common environmental hazard.

Current Bill Text

Download Bill PDF