Natural Hazard Disclosure Report Information
This report provides parcel-specific disclosures of official hazard zones that may affect future use of the property. The report also discloses any statutory natural hazard zones, property taxes and assessments, environmental contamination sites in the vicinity, and insurance claims history.
A C.L.U.E. (Comprehensive Loss Underwriting Exchange) Report provides dates of claims, insurance company(ies) involved, the type of policy, whether loss was related to a named catastrophe (hurricane, etc.), location of the loss (on or off property), the amount paid and cause of the loss. The CLUE insurance claims history report goes back 5 years and completes the most comprehensive suite of property disclosures in the real estate industry.
What areas are considered natural hazard areas?
- Zone A of flood insurance rate maps issued by the Federal Emergency Management Agency pursuant to the National Flood Insurance Act of 1968.
- An area that may be at risk of forest fire or brush fire.
- An earthquake fault zone (usually about 1/4 of a mile radius).
- A seismic hazard zone (risk of damage by ground shaking, landslide or soil liquefaction).
- An area which will flood if a dam breaks.
A property must be marked as being in a natural hazard area unless a form prepared by an expert according to Civil Code Section 1102.4 © is attached, if a person looking on a map cannot tell with certainty if the property is in a natural hazard area or not.
What liability exists?
Liability comes from not disclosing available and/or known information, and the failure to disclose results in material damages. If it can be proven that the information was known and/or reasonably available to the seller or the seller's agent and was not disclosed properly, then a liability case can be established if the information could have prevented the material damages.
When do you get a Natural Hazard Disclosure report?
You can order the report at any time. Most Realtors® order the report through escrow; the report is then distributed by escrow to the appropriate parties.
Who pays for the Natural Hazard Disclosure report?
Usually the seller pays, although this is not required by law.