4108. Failure Of Sellers Broker To Conduct Reasonable Inspection Essential Factual Elements

4108. Failure of Seller's Real Estate Broker to Conduct Reasonable Inspection--Essential Factual Elements (Civ. Code, § 2079) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of defendant], as the real estate [broker/salesperson] for [name of seller], must conduct a reasonably competent and diligent visual inspection of the property offered for sale. Before the sale, [name of defendant] must then disclose to [name of plaintiff], the buyer, all facts that materially affect the value or desirability of the property that the investigation revealed or should have revealed. [Name of plaintiff] claims that [he/she/it] was harmed by [name of defendant]'s breach of this duty. To establish this claim, [name of plaintiff] must prove all of the following: 1. 2. 3. 4. That was [name of defendant] was [name of seller]'s real estate [broker/salesperson]; That [name of defendant] acted on [name of seller]'s behalf for purposes of [insert description of transaction, e.g., "selling a residential property"]; That [name of defendant] failed to conduct a reasonably competent and diligent visual inspection of the property; That before the sale, [name of defendant] failed to disclose to [name of plaintiff] all facts that materially affected the value or desirability of the property that such an inspection would have revealed; That [name of plaintiff] was harmed; and That [name of defendant]'s conduct was a substantial factor in causing [name of plaintiff]'s harm. 5. 6. __________________________________________________________________________________________ New June 2013