Why this matters: New legislation aims at greater transparency and mandates disclosures on a home’s smoking history among other hazards, allowing agents and brokers to better advocate for their buyer-clients.
Dangers of thirdhand smoke
Buyers and their agents approach a property with a lot of questions. New legislation affecting multiple California codes, equips buyers to know even more about potential hazards.
Assembly Bill 455 expands the disclosures made when selling a single-family residential property to include a history of smoking. This parallels similar environmental hazard disclosures made in the Transfer Disclosure Statement (TDS) for risks such as lead-based paint or mold. The legislation tasks the Department of Toxic Substances Control to update the rules around smoking tobacco and nicotine products. [HSC §25417.2(b); see RPI Form 304]
AB 455 introduces the term “thirdhand smoke” or the remnants of toxic chemical residue left by tobacco smoke in the walls, carpets and other building materials. [HSC §25417.2(a)]
The takeaway for the public is that thirdhand smoke negatively affects property and exposes occupants to toxic chemicals. This is indicated by the smell of smoke in the home or testing surfaces for elevated levels of nicotine. [HSC §25417.2(b)(1)]
The seller must disclose when they know their single-family residential property has:
- residue from tobacco or nicotine products; or
- a history of occupants who smoked. [CC §1102.6k(b)]
Smoking includes both electronic cigarettes and vaping devices. [CC §1102.6k(b)(2)]
The seller needs to disclose this material fact about the property to the buyer in writing. [CC §1102.6k(a); see RPI Form 304]
Related article:
Risks to you and your home
Previous legislation developed the Homeowners’ Guide to Environmental Hazards booklet to inform consumers on multiple kinds of environmental hazards relating to their property. With AB 455, the next edition requires a new section on thirdhand smoke and updates to the sections on:
- wildfires;
- climate change; and
- sea level rise. [HSC §25417.2(b); BPC §10084.2(a)]
The legislation relies on the expertise of the Center for Tobacco and the Environment at San Diego State University with the goal of adequately informing consumers. [HSC §25417.2(b)]
The Department of Toxic Substances Control will review the work set by AB 455 to ensure the public learns:
- thirdhand smoke is a common hazard that affects property;
- what can be done to mitigate the risks; and
- where to find more information. [HSC §25417.2(b)(2)]
Related video:
Visual Inspection and Method of Disclosure of Environmental Hazards
