As confusion tends to grow around AB1103, we’ve decided to share information to specific disclosure scenarios that have been presented to us. As these scenarios and “what-if” questions are posed we will be sharing them with you.
Question: What if the building my client is selling has been vacant and we have no energy consumption data?
Regulation Section 1684(e) allows the building owner, in the event that actual energy use data cannot be acquired, to use a reasonable approximation to replace the missing data without delaying the transaction. Section 1684(e) states:
If there is information missing from a disclosure, and if the owner has made a reasonable effort to ascertain the missing information, the owner may then use an approximation of the information, provided that the approximation is identified as such, is reasonable, is based on the best information available to the owner, and is not used for the purpose of circumventing or evading [these Regulations].