New Law Puts Quake Booklet on Required List

If you’re a home seller, home buyer, real estate agent or simply someone with an intense interest in the solidity of your abode when the ground shakes, the state Seismic Safety Commission has published a new booklet that should be on your required reading list.

The 29-page booklet is called “The Homeowner’s Guide to Earthquake Safety.” It covers such topics as how to spot potential earthquake weaknesses in a house, how to strengthen the house, quake insurance, property tax exemption, geological hazards that could affect a home and how to be prepared for the next temblor. It also lists resource organizations and references on quake safety.

The booklet is especially important to certain home sellers and buyers and their agents, because of a state law that took effect Jan. 1. Under the new law:

If you are selling a home:

--If your house was built before 1960, you must give the buyer a copy of the “Homeowner’s Guide” booklet and disclose any weaknesses listed on the form contained in the booklet.

--You are NOT required to hire someone to evaluate your home and answer the questions for you, but you may want to get assistance from a home inspector, contractor, architect or engineer.

--You are NOT required to strengthen your home to resist earthquakes.

--If you list your house for sale by a real estate broker or agent, the agent is required by law to give you a copy of the booklet. Give the agent the completed disclosure form when you sign the listing agreement. Your agent can give the booklet and the form to the buyer for you.

--Keep a copy of the form, signed by the buyer, as evidence that you have completed the quake-disclosure requirement.

(Even for houses built after 1960, under current disclosure laws, you must disclose any known earthquake defects in your house to the buyer.)

If you are buying a home:

--Before you agree to buy a house, review the information disclosed by the seller. Pay special attention to any items that indicate quake weaknesses.

--You may wish to have a home inspector, contractor, architect or engineer inspect the house and give you an opinion on any weaknesses and the cost of correcting them.

--Consider the house’s location. Is it in or near a fault rupture zone or in an area where it might be damaged by a landslide, liquefaction or a tidal wave?

--You may wish to negotiate the cost of strengthening the house with the seller. The law does not require buyer or seller to correct any weaknesses, but if they aren’t fixed you may find that repair costs after a damaging quake amount to more than equity in your home.

If you’re a homeowner or a renter:

--The booklet will help you assess your dwelling’s vulnerability to quake damage and aid you in making your home safer in temblors.

The guide contains pictures and diagrams on the seven most common earthquake weaknesses and tells how to identify them and how to correct them. The weaknesses are unbraced water heater, foundation not anchored, weak cripple walls, unreinforced masonry foundation, houses on tall walls or posts, unreinforced masonry walls and room over garage.

The commission has published a second booklet, “The Commercial Property Owner’s Guide to Earthquake Safety,” to help sellers of commercial property built before 1975 (if it contains precast concrete or reinforced masonry walls and wood-frame floors or roof) comply with the new law.

Commercial property sellers are also required to give buyers a copy of the booklet. They are NOT required to hire an expert to find potential weaknesses or to strengthen their buildings.

“The Homeowner’s Guide to Earthquake Safety” is available by check or money order for $2.25 per copy from the Seismic Safety Commission, Homeowner’s Guide Program, 1900 K St., Suite 100, Sacramento, CA 95814-4186. (916) 323-4213.

“The Commercial Property Owner’s Guide to Earthquake Safety” is available for $3.25 per copy from the same address.

For licensed real estate brokers and agents, both guides are available through most local boards of realtors.