Here’s a detailed breakdown of questions real estate agents might ask their broker about the Agent Visual Inspection Disclosure (AVID), along with clear explanations for each.
Agent Visual Inspection Disclosure (AVID): Questions and Explanations
- What is the purpose of the Agent Visual Inspection Disclosure?
The AVID is required by California law (Civil Code §2079) and ensures that the listing and buyer’s agents document their visual observations of a property. Its purpose is to disclose any material facts that could affect a buyer’s decision to purchase. - Who is required to complete the AVID?
Both the listing agent and the buyer’s agent must complete their own AVID forms, each documenting what they personally observe during their visual inspection. - What exactly should be noted in the AVID?
Agents should report observable, material issues such as stains, cracks, odors, or signs of damage. The inspection is visual only—it does not require moving furniture, lifting carpets, or using tools. - What should not be included in the AVID?
Agents should avoid making assumptions, diagnoses, or opinions (e.g., “this looks like mold”). Instead, they should describe only what they see or smell (e.g., “black discoloration on bathroom wall”). - When should the AVID be completed?
The AVID should be filled out as part of the disclosure package, typically before or at the same time disclosures are delivered to the buyer. - What happens if an agent fails to complete the AVID?
Failure to provide an AVID can expose the agent and broker to liability if later issues arise. Courts have held agents responsible for not disclosing observable defects. - Does the AVID replace a professional inspection?
No. The AVID is not a substitute for a buyer’s professional home inspection. It is only meant to capture what the agent can observe during a reasonable visual walkthrough. - How detailed should the notes on the AVID be?
Notes should be specific but factual. For example:- Acceptable: “Large crack on living room ceiling, approximately 4 feet long.”
- Not acceptable: “Ceiling crack—likely structural problem.”
- Is the AVID required for all types of properties?
It is generally required for 1–4 unit residential properties. For vacant land or commercial properties, it may not apply, but agents should confirm based on the transaction type. - Can an agent delegate the visual inspection to someone else?
No. The duty to perform the visual inspection is personal and non-delegable. The individual agent representing the buyer or seller must complete it themselves. - What if the property is occupied and access is limited?
The agent should document in the AVID that certain areas were inaccessible (e.g., “garage not accessible due to locked door,” or “bedroom not entered due to occupant’s request”). - Does the buyer need to sign the AVID?
Yes. The buyer typically signs to acknowledge receipt of the disclosure, even though the responsibility for completing it lies with the agents. - Can the AVID protect an agent from future lawsuits?
Yes. Completing the AVID properly demonstrates that the agent fulfilled their statutory duty. It can provide strong legal protection if disputes arise later. - What if the buyer or seller refuses to acknowledge the AVID?
The agent should still complete it and keep it in the transaction file. This proves the agent fulfilled their legal responsibility regardless of the client’s acknowledgment. - Should photos be attached to the AVID?
Not typically. The form itself is sufficient. However, if photos are taken, they should be carefully managed and not used as a substitute for written descriptions.
Disclaimer:
The questions and answers provided are for general guidance only and may not cover all details or apply to every situation. If anything is unclear or you need further clarification, please visit car.org for official resources and the most up-to-date information from the California Association of REALTORS®.
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