In April of this year, the California Association of Realtors® (CAR) released a new form. It is titled, "Agent Visual Inspection Disclosure" (AVID). It is intended for use in the transfer of residential properties. It is one of the more curious forms that CAR has produced. A three-page document, it consists of two distinct parts.

The first part, all of page one, is apparently addressed to buyers, although it does not specifically say so. First, it provides a summary of California law with respect to an agent's inspection and disclosure duty. The bulk of the page then spells out much of what an agent is not required to do. Thus: "California law does not require [emphasis in original] the agent to inspect the following:

• Areas that are not reasonably and normally accessible

• Areas off site of the property

• Public records or permits

• Common areas of planned developments, condominiums, stock cooperatives and the like."

Examples are then given, letting the reader know, for example, "Agent will not climb onto a roof or into an attic." "Agent will not inspect beneath a house or other structure on the Property, climb up or down a hillside, mover or look behind plants, shrubbery and other vegetation or fences, walls or other barriers." The list of eight examples of things an agent will not do is specified as "non-exclusive."

Finally, page one ends with a nine-line paragraph headed, "What this means to you." It points out that, regardless of the agent's and the seller's disclosures, "California Law specifies that a buyer has a duty to exercise reasonable care to protect himself or herself," and it goes on to say, in bold print, that the buyer should review any disclosures obtained from the seller, and that the buyer should obtain inspections from appropriate professionals.

So much for part one, on page one. The second part consists of 1.5 pages of blank lines with headers, another warning that the buyer should obtain his own inspections, and about a half page of signature lines. Not a lot of meat.

The headers for the blank line sections show where the agent may record her findings. They provide for Living Room, Dining Room, Kitchen, 3 bedrooms, 3 baths, 3 "Other" rooms, another 3 "Others," Garage, Hall/Stairs, Exterior (including yard), and "Other Observed or Known Conditions not Specified Above." For some agents and properties, this will be insufficient; for others, it will provide an embarrassing amount of blank space.

In a way, the AVID is more significant for what isn't on it, then for what is. Early drafts of what morphed into the final version consisted of pretty specific check lists of things that agents should look for (e.g. Is a wall electric socket cover cracked or missing?). But, as the form went through the revision process, all that specificity was removed. Why?

The more specific such forms become, the more liability increases for the agent and broker. Specific inspection lists set higher inspection standards. The higher the standard, the more chance there is of failing to meet it, and, in our litigious society, the greater the chance one may be held culpable for that failure.

So, will the new form lead to better agent inspections? Probably, despite its not having the specificity of earlier drafts. Just by having individual rooms and areas singled out, it increases the likelihood that the agent will look to see if there is anything that calls for comment. It's going to be hard to leave those lines blank.

Moreover, even though the use of the Agent Visual Inspection Disclosure is not required by law, it is likely that it will become widely used. That is because brokers will believe, rightly, that its use will provide them another level of protection. And, once something like this becomes widely used, it becomes almost universally used. It establishes itself as a standard of practice, and those who don't use it wouldn't look good in court.

Consumers, therefore, will probably benefit from the introduction of the AVID; and that's a good thing.

Published: May 15, 2007

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Bob Hunt is a former director of the National Association of Realtors and is author of the recently published book, "Real Estate the Ethical Way." A graduate of Princeton with a master's degree from UCLA in philosophy, Hunt has served as a U.S. Marine, Realtor association president in South Orange County, and director of the California Association of Realtors, and is an award-winning Realtor. Contact Bob at .