California Law To Require Carbon Monoxide Detectors

On May 7, 2010, California Governor Arnold Schwarzenegger signed into law a bill that requires carbon monoxide detectors in all California dwellings. The bill requires that the presence or absence of these devices must be disclosed when residential real estate is transferred. For more information visit Realty Times.

The bill also creates disclosure requirements about carbon monoxide detectors. Sellers of residential properties in California must provide the buyer with a state-mandated form known as the Real Estate Transfer Disclosure Statement (TDS). The TDS requires the seller to answer Questions as to features of the property. The TDS has now been amended so that, effective January 1, 2011, the seller will have to say whether or not the property contains one or more carbon monoxide detectors. Even if the answer is "no", that will not invalidate the sale or transfer of the property. The question regarding carbon monoxide detectors is similar to a current question regarding automatic garage-door reversing devices. A footnote explains that the lack of such a device may fail to meet current safety standards. Nonetheless, a transfer of the property may still take place.