CACI No. 4108

Reasonable Inspection—Essential Factual Elements (Civ. Code,

§ 2079)

[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/ nonbinary pronoun/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. That [name of defendant] was [name of seller]’s real estate [broker/

salesperson];

2. That [name of defendant] acted on [name of seller]’s behalf for

purposes of [insert description of transaction, e.g., “selling a

residential property”];

3. That [name of defendant] failed to conduct a reasonably competent

and diligent visual inspectionof the property;

4. 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;

5. That [name of plaintiff] was harmed; and

6. That [name of defendant]’s conduct was a substantial factor in

causing [name of plaintiff]’s harm.

New June 2013; Revised May 2020