Megan’s Law Disclosure: Use It Now

The Megan’s Law disclosure, Civil Code Section 2079.10(a), becomes mandatory on all written agreements and contracts entered into on or after July 1, 1999. However, all agents should already be providing the disclosure language with every lease or rental agreement and every purchase agreement for residential property.

Civil Code Section 2079.10(a) provides that every lease or rental agreement for residential real property, and every contract for the sale of real property, including real property sales contracts for residential real property comprising one to four dwelling units, shall contain, in not less than eight point bold print, the following notice:

Notice: The California Department of Justice, sheriff’s departments, police departments serving jurisdictions of 200,000 or more and many other local law enforcement authorities maintain for public access a data base of the locations of persons required to register pursuant to paragraph (1) of subdivision (a) of Section 290.4 of the Penal Code. The data base is updated on a quarterly basis and a source of information about the presence of these individuals in any neighborhood. The Department of Justice also maintains a Sex Offender Identification Line through which inquiries about individuals may be made. This is a "900" telephone service. Callers must have specific information about individuals they are checking. Information regarding neigh--borhoods is not available through the "900" telephone service.

Civil Code Section 2079.10 (a) (b) provides that upon delivery of the notice to the lessee or transferee of real property, the lessor, seller, or broker is not required to provide information in addition to that contained in the notice regarding the proximately of registered sex offenders.

However, subdivision (c) provides that the section does not alter any existing duty of the lessor, seller or broker under any other statute or decisional law. Therefore, if a seller, lessor or broker has additional information, e.g., they know a registered sex offender just moved down the street, they have an additional duty to disclose that material fact.

This duty is similar to the real estate agent’s duty to inspect and disclose under Civil Code Section 1102 and Civil Code Section 2079. You must conduct a reasonably competent and diligent visual inspection and disclose what that inspection uncovers. You must also disclose all material facts of which you know or become aware from any other source.

Similarly, under the Megan’s Law disclosure, you must use the statutory form. However, if you know more, you must also separately disclose what you know.

Please note: This publication is intended to provide accurate information. However, the authors do not intend this bulletin to constitute, or be a substitute for, legal advice or assistance from a real estate attorney. If legal assistance is necessary, please consult your personal attorney.

About the Authors/Editor:

K.P. Dean Harper has tried and arbitrated over forty cases. He specializes in real estate and broker liability litigation and edits the Bowles & Verna Real Estate Bulletin, a periodic newsletter for real estate brokers. To contact Mr. Harper by email, click here.