SACRAMENTO - California regulators adopted an emergency disclosure rule Thursday requiring homeowners to report whether their property includes "continuous audible respiration," a category added after a San Diego seller listed "mastery of the Force" as a home-based business on a transfer statement.

The Department of Real Estate said the change closes a loophole exposed when buyers toured a bungalow and heard "a rhythmic mechanical breathing from the guest room that was not the HVAC."

Under the rule, sellers must check one of three boxes: no unusual breathing; breathing explained by medical device; or breathing "associated with costume, podcast, or unresolved municipal appeal."

Realtor Nina Colt said the form is already confusing. "My client had to disclose termites, flood zone, and whether the backyard slab is spiritually unfinished," Colt said. "She checked 'uncertain' on all three."

The breathing requirement traces to a 2020 Senate bill originally written for sleep apnea machines. Lobbyists for the costume industry added language covering "helmet-mounted voice amplification used in civic engagement."

Attorney General staff said the dark side is not a recognized LLC classification in California, though several applicants have tried.

San Diego planning records show the same seller previously sought a meditation chamber variance and was told to "tone down the hum." Code enforcement now classifies the hum as "pre-breathing."

Industry groups protested. The California Association of Realtors called the rule "another checkbox in a state that loves drama." The California Cosplay Coalition supported it, provided capes are exempt.

Governor's office spokesperson Lila Grant said the disclosure protects consumers. "If you buy a house and the closet hisses, you should know before escrow," Grant said.

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Related paperwork

County clerks report a surge in name-change filings from "Anakin" to "Darth" that are being returned for missing middle initials. Clerk Theo Marsh said, "We need the full legal name, even if you have a theme."

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Enforcement

Violators face fines up to five hundred dollars per undisclosed breath. Whistleblowers may remain anonymous unless they do so in a helmet, in which case they must also sign in for public comment.