Climate Change and Real Estate in California: Can Climate-Related Risk be a Required Disclosure for Residential Real Estate?

Authors

Lindsey Jacques

Library of Congress Authority File

http://id.loc.gov/authorities/names/n79122466.html

Abstract

This Article will examine whether liability can extend to residential real estate sellers for non-disclosure of climate change related risk. First, this Article will outline current California statutes and common law regarding disclosures of climate change risk to prospective buyers of real estate. Next, this Article will explore potential routes for expanding liability, then will follow with hypotheticals for specific types of climate-related risk. This Article concludes by considering likely outcomes and routes for sellers and their agents to evade such liability should an expansion of liability prove legitimate.

Recommended Citation

Lindsey Jacques, Climate Change and Real Estate in California: Can Climate-Related Risk be a Required Disclosure for Residential Real Estate?, 14 San Diego J. Climate & Energy L. 259 (2023)
Available at: https://digital.sandiego.edu/jcel/vol14/iss0/8