Disclose Thirdhand Smoke Pollution in Real Estate Transactions

Project Updates

☑️ Our survey of real estate professionals in California is in progress.

  • We ask about:
    • Their experience selling or appraising homes that have been smoked in.
    • Their opinion on a law or regulation requiring disclosure of thirdhand smoke in home sales.
    • Their knowledge and attitudes toward thirdhand smoke.
    • Their demographics.

☑️ We have begun preliminary analysis of the survey responses.

☑️ We have reviewed and summarized current seller disclosure documents used in home sales.

Thirdhand smoke residue can stay in a home for years and cause physical symptoms to the residents. The residue is almost impossible to fully remove, and many people would not buy a home if they knew the previous owner smoked inside. However, the State of California does not require sellers to disclose the smoking history inside of a home. The Policy Center wants to get California to require disclosing smoking history.

We will conduct three Rapid Response Projects to answer these questions:

1. What are real estate agents’ thoughts on thirdhand smoke disclosure?

We will survey members of the California Association of Realtors and independent real estate agents.

2. How do other stakeholders feel about disclosing thirdhand smoke?

We will survey appraisers, home inspectors, lenders, and remediation contractors.

3. What makes a disclosure policy successful?

We reviewed all required documents used in California real estate transactions or consumer education about environmental hazards as well as any disclosure documents used in other jurisdictions.

Deliverables:

  1. Infographic presentations of the survey and interview results
  2. A presentation for trade organizations, such as the California Association of Realtors San Diego Chapter
  3. Educational material for home sellers/buyers and other stakeholders
  4. Model language created with the Public Health Law Center for required and voluntary disclosure forms