Legal framework

§1103.4. Same statute, every NHD provider.

The legal validity of an NHD report comes from the statutory form on page 1 — not the price, channel, or brand. Here's the framework NHDdata operates under and how we hold the §1103.4(a) good-faith standard.

§1103.4 — Substituted Disclosure

Why a third-party NHD report satisfies §1103.2

California Civil Code §1103.4 grants "substituted disclosure" authority to any third-party report provider exercising good faith. The statute does not condition this authority on title-company affiliation, brand recognition, or price.

NHDdata reports follow the §1103.2 statutory form verbatim and are signed by the same parties (seller, buyer, agent) as any other NHD. The legal validity comes from the form, not the wrapper.

We additionally cite the source authority for every hazard layer (FEMA NFHL, CAL FIRE FRAP, CGS, DWR DSOD, CalGEM WellSTAR, county tax-roll) directly on the report. Every IS/IS NOT determination is traceable to the published state or federal dataset.

§1103.2 — Statutory form

Page 1 is the C.A.R.-compatible NHD Statement

The first page of every NHDdata report is the §1103.2 Natural Hazard Disclosure Statement, ready to sign at escrow alongside the Transfer Disclosure Statement and Seller Property Questionnaire. The form complies with the California Association of REALTORS® (NHD) template and the §1103.2(a) wording verbatim.

Supporting data — provenance citations, IS/IS NOT determinations per layer, tax-roll snapshot, decoded direct charges — follows on subsequent pages.

Gov. Code §8589.45 — Tenant Flood Notice

Free tenant flood notices, indefinitely

Government Code §8589.45 requires landlords of properties in a FEMA Special Flood Hazard Area to give tenants written notice prior to lease execution. NHDdata provides the §8589.45 tenant-flood notice free of charge for every property, indefinitely — bundled directly on /coverage.

§1103.4(a) — Good-faith

Operating standard

Good faith under §1103.4(a) means the provider does not have actual knowledge that the report is incomplete or inaccurate. We maintain that standard by:

  • Sourcing every hazard layer directly from the publishing state / federal agency (no second-hand aggregators).
  • Resolving hazards against the parcel polygon (not just the rooftop centroid) when ATTOM exposes a lot boundary — see /docs · Parcel polygon vs centroid.
  • Tracking the upstream-data refresh cadence per layer and re-running point-in-polygon when the source updates.
  • Surfacing degraded modes (centroid fallback, scraper-pending tax decode) explicitly in the response body and PDF — never silently.

Errors & Omissions

E&O insurance coverage

NHDdata, LLC carries an Errors & Omissions tower comparable to MyNHD and Property I.D. — target $10M aggregate. We can name additional insureds on a per-customer rider for enterprise contracts. Email scott@nhddata.com for the current COI.

Related

Questions about how a §1103.4 substituted disclosure works for your transaction or workflow?