Civil Code — Part 1 | CIV — United States — California law | Esheria

Civil Code

Part 1 of 20 · provisions 1–200

This section names the act the Civil Code of the State of California and says it is divided into four parts.

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Occupancy can create title, but that title is subject to listed superior claims and does not by itself let the occupant bring or keep a quiet title action unless prescription has matured the title. Occupancy for the time required by the Code of Civil Procedure can create title by prescription, except for property dedicated to public use or owned by the state or a public entity. A use of land does not become a prescriptive easement if the owner posts notice signs at each entrance or every 200 feet along the boundary. Public use of private property does not create a permanent vested right unless there is an express written irrevocable offer of dedication that is accepted as required; special rules apply to certain coastal property. A person who in good faith and by mistake affixes improvements to another’s land may remove them, but must pay damages as required.

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Provisions of Civil Code

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  1. 1.

    ## Civil Code - CIV ## TITLE OF THE ACT ( Heading enacted 1872. )

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    This section names the act the Civil Code of the State of California and says it is divided into four parts.

    ## Civil Code - CIV ## TITLE OF THE ACT ( Heading enacted 1872. ) ## 1. This Act shall be known as The Civil Code of the State of California, and is in Four Divisions, as follows: I.—THE FIRST RELATING TO PERSONS. II.—THE SECOND TO PROPERTY. III.—THE THIRD TO OBLIGATIONS. IV.—THE FOURTH CONTAINS GENERAL PROVISIONS RELATING TO THE THREE PRECEDING DIVISIONS. (Enacted 1872.)
  2. 1006.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 2. OCCUPANCY [1006 - 1009] ( Title 2 enacted 1872. )

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    Occupancy can create title, but that title is subject to listed superior claims and does not by itself let the occupant bring or keep a quiet title action unless prescription has matured the title.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 2. OCCUPANCY [1006 - 1009] ( Title 2 enacted 1872. ) ## 1006. Occupancy for any period confers a title sufficient against all except the state and those who have title by prescription, accession, transfer, will, or succession; but the title conferred by occupancy is not a sufficient interest in real property to enable the occupant or the occupant’s privies to commence or maintain an action to quiet title, unless the occupancy has ripened into title by prescription. (Amended by Stats. 1980, Ch. 44, Sec. 1.)
  3. 1007.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 2. OCCUPANCY [1006 - 1009] ( Title 2 enacted 1872. )

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    Occupancy for the time required by the Code of Civil Procedure can create title by prescription, except for property dedicated to public use or owned by the state or a public entity.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 2. OCCUPANCY [1006 - 1009] ( Title 2 enacted 1872. ) ## 1007. Occupancy for the period prescribed by the Code of Civil Procedure as sufficient to bar any action for the recovery of the property confers a title thereto, denominated a title by prescription, which is sufficient against all, but no possession by any person, firm or corporation no matter how long continued of any land, water, water right, easement, or other property whatsoever dedicated to a public use by a public utility, or dedicated to or owned by the state or any public entity, shall ever ripen into any title, interest or right against the owner thereof. (Amended by Stats. 1968, Ch. 1112.)
  4. 1008.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 2. OCCUPANCY [1006 - 1009] ( Title 2 enacted 1872. )

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    A use of land does not become a prescriptive easement if the owner posts notice signs at each entrance or every 200 feet along the boundary.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 2. OCCUPANCY [1006 - 1009] ( Title 2 enacted 1872. ) ## 1008. No use by any person or persons, no matter how long continued, of any land, shall ever ripen into an easement by prescription, if the owner of such property posts at each entrance to the property or at intervals of not more than 200 feet along the boundary a sign reading substantially as follows: “Right to pass by permission, and subject to control, of owner: Section 1008, Civil Code.” (Added by Stats. 1965, Ch. 926.)
  5. 1009.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 2. OCCUPANCY [1006 - 1009] ( Title 2 enacted 1872. )

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    Public use of private property does not create a permanent vested right unless there is an express written irrevocable offer of dedication that is accepted as required; special rules apply to certain coastal property.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 2. OCCUPANCY [1006 - 1009] ( Title 2 enacted 1872. ) ## 1009. (a) The Legislature finds that: (1) It is in the best interests of the state to encourage owners of private real property to continue to make their lands available for public recreational use to supplement opportunities available on tax-supported publicly owned facilities. (2) Owners of private real property are confronted with the threat of loss of rights in their property if they allow or continue to allow members of the public to use, enjoy or pass over their property for recreational purposes. (3) The stability and marketability of record titles is clouded by such public use, thereby compelling the owner to exclude the public from his property. (b) Regardless of whether or not a private owner of real property has recorded a notice of consent to use of any particular property pursuant to Section 813 of the Civil Code or has posted signs on such property pursuant to Section 1008 of the Civil Code, except as otherwise provided in subdivision (d), no use of such property by the public after the effective date of this section shall ever ripen to confer upon the public or any governmental body or unit a vested right to continue to make such use permanently, in the absence of an express written irrevocable offer of dedication of such property to such use, made by the owner thereof in the manner prescribed in subdivision (c) of this section, which has been accepted by the county, city, or other public body to which the offer of dedication was made, in the manner set forth in subdivision (c). (c) In addition to any procedure authorized by law and not prohibited by this section, an irrevocable offer of dedication may be made in the manner prescribed in Section 7050 of the Government Code to any county, city, or other public body, and may be accepted or terminated, in the manner prescribed in that section, by the county board of supervisors in the case of an offer of dedication to a county, by the city council in the case of an offer of dedication to a city, or by the governing board of any other public body in the case of an offer of dedication to such body. (d) Where a governmental entity is using private lands by an expenditure of public funds on visible improvements on or across such lands or on the cleaning or maintenance related to the public use of such lands in such a manner so that the owner knows or should know that the public is making such use of his land, such use, including any public use reasonably related to the purposes of such improvement, in the absence of either express permission by the owner to continue such use or the taking by the owner of reasonable steps to enjoin, remove or prohibit such use, shall after five years ripen to confer upon the governmental entity a vested right to continue such use. (e) Subdivision (b) shall not apply to any coastal property which lies within 1,000 yards inland of the mean high tide line of the Pacific Ocean, and harbors, estuaries, bays and inlets thereof, but not including any property lying inland of the Carquinez Straits bridge, or between the mean high tide line and the nearest public road or highway, whichever distance is less. (f) No use, subsequent to the effective date of this section, by the public of property described in subdivision (e) shall constitute evidence or be admissible as evidence that the public or any governmental body or unit has any right in such property by implied dedication if the owner does any of the following actions: (1) Posts signs, as provided in Section 1008, and renews the same, if they are removed, at least once a year, or publishes annually, pursuant to Section 6066 of the Government Code, in a newspaper of general circulation in the county or counties in which the land is located, a statement describing the property and reading substantially as follows: “Right to pass by permission and subject to control of owner: Section 1008, Civil Code.” (2) Records a notice as provided in Section 813. (3) Enters into a written agreement with any federal, state, or local agency providing for the public use of such land. After taking any of the actions set forth in paragraph (1), (2), or (3), and during the time such action is effective, the owner shall not prevent any public use which is appropriate under the permission granted pursuant to such paragraphs by physical obstruction, notice, or otherwise. (g) The permission for public use of real property referred to in subdivision (f) may be conditioned upon reasonable restrictions on the time, place, and manner of such public use, and no use in violation of such restrictions shall be considered public use for purposes of a finding of implied dedication. (Added by Stats. 1971, Ch. 941.)
  6. 1013.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 3. ACCESSION [1013 - 1033] ( Title 3 enacted 1872. ) ## CHAPTER 1. Accession to Real Property [1013 - [1019.]] ( Chapter 1 enacted 1872. )

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    If someone attaches property to another person’s land without permission to remove it, the attached item generally belongs to the landowner, unless a chapter exception or removal right applies.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 3. ACCESSION [1013 - 1033] ( Title 3 enacted 1872. ) ## CHAPTER 1. Accession to Real Property [1013 - [1019.]] ( Chapter 1 enacted 1872. ) ## 1013. When a person affixes his property to the land of another, without an agreement permitting him to remove it, the thing affixed, except as otherwise provided in this chapter, belongs to the owner of the land, unless he chooses to require the former to remove it or the former elects to exercise the right of removal provided for in Section 1013.5 of this chapter. (Amended by Stats. 1953, Ch. 1175.)
  7. 1013.5.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 3. ACCESSION [1013 - 1033] ( Title 3 enacted 1872. ) ## CHAPTER 1. Accession to Real Property [1013 - [1019.]] ( Chapter 1 enacted 1872. )

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    A person who in good faith and by mistake affixes improvements to another’s land may remove them, but must pay damages as required.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 3. ACCESSION [1013 - 1033] ( Title 3 enacted 1872. ) ## CHAPTER 1. Accession to Real Property [1013 - [1019.]] ( Chapter 1 enacted 1872. ) ## 1013.5. (a) When any person, acting in good faith and, erroneously believing because of a mistake either of law or fact that he has a right to do so, affixes improvements to the land of another, such person, or his successor in interest, shall have the right to remove such improvements upon payment, as their interests shall appear, to the owner of the land, and any other person having any interest therein who acquired such interest for value after the commencement of the work of improvement and in reliance thereon, of all their damages proximately resulting from the affixing and removal of such improvements. (b) In any action brought to enforce such right the owner of the land and encumbrancers of record shall be named as defendants, a notice of pendency of action shall be recorded before trial, and the owner of the land shall recover his costs of suit and a reasonable attorney’s fee to be fixed by the court. (c) If it appears to the court that the total amount of damages cannot readily be ascertained prior to the removal of the improvements, or that it is otherwise in the interests of justice, the court may order an interlocutory judgment authorizing the removal of the improvements upon condition precedent that the plaintiff pay into court the estimated total damages, as found by the court or as stipulated. (d) If the court finds that the holder of any lien upon the property acquired his lien in good faith and for value after the commencement of the work of improvement and in reliance thereon, or that as a result of the making or affixing of the improvements there is any lien against the property under Article XX, Section 15, of the Constitution of this State, judgment authorizing removal, final or interlocutory, shall not be given unless the holder of each such lien shall have consented to the removal of the improvements. Such consent shall be in writing and shall be filed with the court. (e) The right created by this section is a right to remove improvements from land which may be exercised at the option of one who, acting in good faith and erroneously believing because of a mistake either of law or fact that he has a right to do so, affixes such improvements to the land of another. This section shall not be construed to affect or qualify the law as it existed prior to the 1953 amendment of this section with regard to the circumstances under which a court of equity will refuse to compel removal of an encroachment. (Amended by Stats. 1955, Ch. 73.)
  8. 1014.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 3. ACCESSION [1013 - 1033] ( Title 3 enacted 1872. ) ## CHAPTER 1. Accession to Real Property [1013 - [1019.]] ( Chapter 1 enacted 1872. )

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    Land that gradually forms on a river or stream bank by natural causes belongs to the bank owner, but existing rights of way over the bank still apply.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 3. ACCESSION [1013 - 1033] ( Title 3 enacted 1872. ) ## CHAPTER 1. Accession to Real Property [1013 - [1019.]] ( Chapter 1 enacted 1872. ) ## 1014. Where, from natural causes, land forms by imperceptible degrees upon the bank of a river or stream, navigable or not navigable, either by accumulation of material or by the recession of the stream, such land belongs to the owner of the bank, subject to any existing right of way over the bank. (Enacted 1872.)
  9. 1015.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 3. ACCESSION [1013 - 1033] ( Title 3 enacted 1872. ) ## CHAPTER 1. Accession to Real Property [1013 - [1019.]] ( Chapter 1 enacted 1872. )

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    The owner of a bank part carried away by sudden violence may reclaim it within one year after the new land possessor takes possession.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 3. ACCESSION [1013 - 1033] ( Title 3 enacted 1872. ) ## CHAPTER 1. Accession to Real Property [1013 - [1019.]] ( Chapter 1 enacted 1872. ) ## 1015. If a river or stream, navigable or not navigable, carries away, by sudden violence a considerable and distinguishable part of a bank, and bears it to the opposite bank, or to another part of the same bank, the owner of the part carried away may reclaim it within a year after the owner of the land to which it has been united takes possession thereof. (Enacted 1872.)
  10. 1016.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 3. ACCESSION [1013 - 1033] ( Title 3 enacted 1872. ) ## CHAPTER 1. Accession to Real Property [1013 - [1019.]] ( Chapter 1 enacted 1872. )

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    Islands and land buildup in navigable stream beds belong to the State unless there is a contrary title or prescription.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 3. ACCESSION [1013 - 1033] ( Title 3 enacted 1872. ) ## CHAPTER 1. Accession to Real Property [1013 - [1019.]] ( Chapter 1 enacted 1872. ) ## 1016. Islands and accumulations of land, formed in the beds of streams which are navigable, belong to the State, if there is no title or prescription to the contrary. (Enacted 1872.)
  11. 1017.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 3. ACCESSION [1013 - 1033] ( Title 3 enacted 1872. ) ## CHAPTER 1. Accession to Real Property [1013 - [1019.]] ( Chapter 1 enacted 1872. )

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    An island or land accumulation formed in a non-navigable stream belongs to the shore owner on that side, or to the owners of both sides if it is not formed on only one side.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 3. ACCESSION [1013 - 1033] ( Title 3 enacted 1872. ) ## CHAPTER 1. Accession to Real Property [1013 - [1019.]] ( Chapter 1 enacted 1872. ) ## 1017. An island, or an accumulation of land, formed in a stream which is not navigable, belongs to the owner of the shore on that side where the island or accumulation is formed; or, if not formed on one side only, to the owners of the shore on the two sides, divided by an imaginary line drawn through the middle of the river. (Enacted 1872.)
  12. 1018.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 3. ACCESSION [1013 - 1033] ( Title 3 enacted 1872. ) ## CHAPTER 1. Accession to Real Property [1013 - [1019.]] ( Chapter 1 enacted 1872. )

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    If a stream forms a new arm and surrounds a landowner’s shore land, the resulting island belongs to that shore owner.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 3. ACCESSION [1013 - 1033] ( Title 3 enacted 1872. ) ## CHAPTER 1. Accession to Real Property [1013 - [1019.]] ( Chapter 1 enacted 1872. ) ## 1018. If a stream, navigable or not navigable, in forming itself a new arm, divides itself and surrounds land belonging to the owner of the shore, and thereby forms an island, the island belongs to such owner. (Enacted 1872.)
  13. 1025.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 3. ACCESSION [1013 - 1033] ( Title 3 enacted 1872. ) ## CHAPTER 2. Accession to Personal Property [1025 - 1033] ( Chapter 2 enacted 1872. )

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    If things owned by different people are joined into one thing and cannot be separated without damage, the whole belongs to the owner of the principal part.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 3. ACCESSION [1013 - 1033] ( Title 3 enacted 1872. ) ## CHAPTER 2. Accession to Personal Property [1025 - 1033] ( Chapter 2 enacted 1872. ) ## 1025. When things belonging to different owners have been united so as to form a single thing, and cannot be separated without injury, the whole belongs to the owner of the thing which forms the principal part; who must, however, reimburse the value of the residue to the other owner, or surrender the whole to him. (Enacted 1872.)
  14. 1026.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 3. ACCESSION [1013 - 1033] ( Title 3 enacted 1872. ) ## CHAPTER 2. Accession to Personal Property [1025 - 1033] ( Chapter 2 enacted 1872. )

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    If one thing is united to another only for use, ornament, or completion, the former is generally treated as the principal thing. If the united thing is more valuable and was attached without the owner's knowledge, the owner may require it to be separated and returned, even if some injury results.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 3. ACCESSION [1013 - 1033] ( Title 3 enacted 1872. ) ## CHAPTER 2. Accession to Personal Property [1025 - 1033] ( Chapter 2 enacted 1872. ) ## 1026. That part is to be deemed the principal to which the other has been united only for the use, ornament, or completion of the former, unless the latter is the more valuable, and has been united without the knowledge of its owner, who may, in the latter case, require it to be separated and returned to him, although some injury should result to the thing to which it has been united. (Enacted 1872.)
  15. 1027.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 3. ACCESSION [1013 - 1033] ( Title 3 enacted 1872. ) ## CHAPTER 2. Accession to Personal Property [1025 - 1033] ( Chapter 2 enacted 1872. )

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    If no part can be identified as the principal under the prior rule, the more valuable part is treated as principal; if values are nearly equal, the larger part by bulk is treated as principal.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 3. ACCESSION [1013 - 1033] ( Title 3 enacted 1872. ) ## CHAPTER 2. Accession to Personal Property [1025 - 1033] ( Chapter 2 enacted 1872. ) ## 1027. If neither part can be considered the principal, within the rule prescribed by the last section, the more valuable, or, if the values are nearly equal, the more considerable in bulk, is to be deemed the principal part. (Enacted 1872.)
  16. 1028.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 3. ACCESSION [1013 - 1033] ( Title 3 enacted 1872. ) ## CHAPTER 2. Accession to Personal Property [1025 - 1033] ( Chapter 2 enacted 1872. )

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    If someone makes a thing from another person’s materials, the material owner may claim the thing by reimbursing the workmanship value, unless the workmanship value is greater than the materials value; then the maker owns the thing by reimbursing the materials value.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 3. ACCESSION [1013 - 1033] ( Title 3 enacted 1872. ) ## CHAPTER 2. Accession to Personal Property [1025 - 1033] ( Chapter 2 enacted 1872. ) ## 1028. If one makes a thing from materials belonging to another, the latter may claim the thing on reimbursing the value of the workmanship, unless the value of the workmanship exceeds the value of the materials, in which case the thing belongs to the maker, on reimbursing the value of the materials. (Enacted 1872.)
  17. 1029.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 3. ACCESSION [1013 - 1033] ( Title 3 enacted 1872. ) ## CHAPTER 2. Accession to Personal Property [1025 - 1033] ( Chapter 2 enacted 1872. )

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    If someone uses materials partly theirs and partly another’s to make a new thing that cannot be separated without inconvenience, the new thing belongs to both owners in proportion to their interests.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 3. ACCESSION [1013 - 1033] ( Title 3 enacted 1872. ) ## CHAPTER 2. Accession to Personal Property [1025 - 1033] ( Chapter 2 enacted 1872. ) ## 1029. Where one has made use of materials which in part belong to him and in part to another, in order to form a thing of a new description, without having destroyed any of the materials, but in such a way that they cannot be separated without inconvenience, the thing formed is common to both proprietors; in proportion, as respects the one, of the materials belonging to him, and as respects the other, of the materials belonging to him and the price of his workmanship. (Enacted 1872.)
  18. 1030.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 3. ACCESSION [1013 - 1033] ( Title 3 enacted 1872. ) ## CHAPTER 2. Accession to Personal Property [1025 - 1033] ( Chapter 2 enacted 1872. )

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    If materials from different owners are mixed and no one material is the main one, an owner who did not consent may ask for separation if that can be done without inconvenience.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 3. ACCESSION [1013 - 1033] ( Title 3 enacted 1872. ) ## CHAPTER 2. Accession to Personal Property [1025 - 1033] ( Chapter 2 enacted 1872. ) ## 1030. When a thing has been formed by the admixture of several materials of different owners, and neither can be considered the principal substance, an owner without whose consent the admixture was made may require a separation, if the materials can be separated without inconvenience. If they cannot be thus separated, the owners acquire the thing in common, in proportion to the quantity, quality, and value of their materials; but if the materials of one were far superior to those of the others, both in quantity and value, he may claim the thing on reimbursing to the others the value of their materials. (Enacted 1872.)
  19. 1031.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 3. ACCESSION [1013 - 1033] ( Title 3 enacted 1872. ) ## CHAPTER 2. Accession to Personal Property [1025 - 1033] ( Chapter 2 enacted 1872. )

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    If someone willfully uses another person’s materials without consent, the earlier sections do not apply, and the product belongs to the material owner if it can still be identified.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 3. ACCESSION [1013 - 1033] ( Title 3 enacted 1872. ) ## CHAPTER 2. Accession to Personal Property [1025 - 1033] ( Chapter 2 enacted 1872. ) ## 1031. The foregoing sections of this Article are not applicable to cases in which one willfully uses the materials of another without his consent; but, in such cases, the product belongs to the owner of the material, if its identity can be traced. (Enacted 1872.)
  20. 1032.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 3. ACCESSION [1013 - 1033] ( Title 3 enacted 1872. ) ## CHAPTER 2. Accession to Personal Property [1025 - 1033] ( Chapter 2 enacted 1872. )

    Verify source ↗

    If someone’s material was used without their knowledge to make a different product, they may demand return of the material or its value, or the value of the product if they are entitled to it.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 3. ACCESSION [1013 - 1033] ( Title 3 enacted 1872. ) ## CHAPTER 2. Accession to Personal Property [1025 - 1033] ( Chapter 2 enacted 1872. ) ## 1032. In all cases where one whose material has been used without his knowledge, in order to form a product of a different description, can claim an interest in such product, he has an option to demand either restitution of his material in kind, in the same quantity, weight, measure, and quality, or the value thereof; or where he is entitled to the product, the value thereof in place of the product. (Enacted 1872.)
  21. 1033.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 3. ACCESSION [1013 - 1033] ( Title 3 enacted 1872. ) ## CHAPTER 2. Accession to Personal Property [1025 - 1033] ( Chapter 2 enacted 1872. )

    Verify source ↗

    A person who wrongfully uses another’s materials is liable for damages.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 3. ACCESSION [1013 - 1033] ( Title 3 enacted 1872. ) ## CHAPTER 2. Accession to Personal Property [1025 - 1033] ( Chapter 2 enacted 1872. ) ## 1033. One who wrongfully employs materials belonging to another is liable to him in damages, as well as under the foregoing provisions of this Chapter. (Enacted 1872.)
  22. 1039.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 1. Transfers in General [1039 - 1090.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 1. Definition of Transfer [1039 - 1040] ( Article 1 enacted 1872. )

    Verify source ↗

    A transfer is an act by the parties or by law that conveys title to property from one living person to another.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 1. Transfers in General [1039 - 1090.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 1. Definition of Transfer [1039 - 1040] ( Article 1 enacted 1872. ) ## 1039. Transfer is an act of the parties, or of the law, by which the title to property is conveyed from one living person to another. (Enacted 1872.)
  23. 1040.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 1. Transfers in General [1039 - 1090.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 1. Definition of Transfer [1039 - 1040] ( Article 1 enacted 1872. )

    Verify source ↗

    A voluntary transfer is treated as an executed contract under general contract law, and it remains valid even without consideration.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 1. Transfers in General [1039 - 1090.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 1. Definition of Transfer [1039 - 1040] ( Article 1 enacted 1872. ) ## 1040. A voluntary transfer is an executed contract, subject to all rules of law concerning contracts in general; except that a consideration is not necessary to its validity. (Enacted 1872.)
  24. 1044.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 1. Transfers in General [1039 - 1090.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 2. What May Be Transferred [1044 - 1047] ( Article 2 enacted 1872. )

    Verify source ↗

    Property of any kind may be transferred, unless this Article provides otherwise.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 1. Transfers in General [1039 - 1090.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 2. What May Be Transferred [1044 - 1047] ( Article 2 enacted 1872. ) ## 1044. Property of any kind may be transferred, except as otherwise provided by this Article. (Enacted 1872.)
  25. 1045.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 1. Transfers in General [1039 - 1090.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 2. What May Be Transferred [1044 - 1047] ( Article 2 enacted 1872. )

    Verify source ↗

    A mere possibility that is not coupled with an interest cannot be transferred.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 1. Transfers in General [1039 - 1090.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 2. What May Be Transferred [1044 - 1047] ( Article 2 enacted 1872. ) ## 1045. A mere possibility, not coupled with an interest, cannot be transferred. (Enacted 1872.)
  26. 1046.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 1. Transfers in General [1039 - 1090.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 2. What May Be Transferred [1044 - 1047] ( Article 2 enacted 1872. )

    Verify source ↗

    A right of reentry, or a right of repossession for breach of a condition subsequent, may be transferred.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 1. Transfers in General [1039 - 1090.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 2. What May Be Transferred [1044 - 1047] ( Article 2 enacted 1872. ) ## 1046. A right of reëntry, or of repossession for breach of condition subsequent, can be transferred. (Enacted 1872.)
  27. 1047.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 1. Transfers in General [1039 - 1090.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 2. What May Be Transferred [1044 - 1047] ( Article 2 enacted 1872. )

    Verify source ↗

    A person claiming title to real property held adversely by another may transfer that title as if they were in actual possession.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 1. Transfers in General [1039 - 1090.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 2. What May Be Transferred [1044 - 1047] ( Article 2 enacted 1872. ) ## 1047. Any person claiming title to real property in the adverse possession of another may transfer it with the same effect as if in actual possession. (Enacted 1872.)
  28. 1052.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 1. Transfers in General [1039 - 1090.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 3. Mode of Transfer [1052 - 1059] ( Article 3 enacted 1872. )

    Verify source ↗

    A transfer can be made without writing unless a statute expressly requires a writing.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 1. Transfers in General [1039 - 1090.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 3. Mode of Transfer [1052 - 1059] ( Article 3 enacted 1872. ) ## 1052. A transfer may be made without writing, in every case in which a writing is not expressly required by statute. (Enacted 1872.)
  29. 1054.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 1. Transfers in General [1039 - 1090.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 3. Mode of Transfer [1052 - 1059] ( Article 3 enacted 1872. )

    Verify source ↗

    A grant vests the intended interest only when the grantor delivers it.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 1. Transfers in General [1039 - 1090.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 3. Mode of Transfer [1052 - 1059] ( Article 3 enacted 1872. ) ## 1054. A grant takes effect, so as to vest the interest intended to be transferred, only upon its delivery by the grantor. (Enacted 1872.)
  30. 1055.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 1. Transfers in General [1039 - 1090.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 3. Mode of Transfer [1052 - 1059] ( Article 3 enacted 1872. )

    Verify source ↗

    A duly executed grant is presumed to have been delivered on its date.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 1. Transfers in General [1039 - 1090.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 3. Mode of Transfer [1052 - 1059] ( Article 3 enacted 1872. ) ## 1055. A grant duly executed is presumed to have been delivered at its date. (Enacted 1872.)
  31. 1056.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 1. Transfers in General [1039 - 1090.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 3. Mode of Transfer [1052 - 1059] ( Article 3 enacted 1872. )

    Verify source ↗

    A grant cannot be delivered conditionally; delivery to the grantee or the grantee’s agent is absolute.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 1. Transfers in General [1039 - 1090.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 3. Mode of Transfer [1052 - 1059] ( Article 3 enacted 1872. ) ## 1056. A grant cannot be delivered to the grantee conditionally. Delivery to him, or to his agent as such, is necessarily absolute, and the instrument takes effect thereupon, discharged of any condition on which the delivery was made. (Enacted 1872.)
  32. 1057.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 1. Transfers in General [1039 - 1090.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 3. Mode of Transfer [1052 - 1059] ( Article 3 enacted 1872. )

    Verify source ↗

    A grantor may deposit a grant with a third person to be delivered when a condition is performed; while held this way, it is called an escrow.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 1. Transfers in General [1039 - 1090.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 3. Mode of Transfer [1052 - 1059] ( Article 3 enacted 1872. ) ## 1057. A grant may be deposited by the grantor with a third person, to be delivered on performance of a condition, and, on delivery by the depositary, it will take effect. While in the possession of the third person, and subject to condition, it is called an escrow. (Enacted 1872.)
  33. 1057.3.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 1. Transfers in General [1039 - 1090.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 3. Mode of Transfer [1052 - 1059] ( Article 3 enacted 1872. )

    Verify source ↗

    Buyers and sellers in a real-property escrow must return deposited funds if the sale is not completed on time, unless the money is being withheld to resolve a good-faith dispute.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 1. Transfers in General [1039 - 1090.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 3. Mode of Transfer [1052 - 1059] ( Article 3 enacted 1872. ) ## 1057.3. (a) It shall be the obligation of a buyer and seller who enter into a contract to purchase and sell real property to ensure that all funds deposited into an escrow account are returned to the person who deposited the funds or who is otherwise entitled to the funds under the contract, if the purchase of the property is not completed by the date set forth in the contract for the close of escrow or any duly executed extension thereof. (b) Any buyer or seller who fails to execute any document required by the escrow holder to release funds on deposit in an escrow account as provided in subdivision (a) within 30 days following a written demand for the return of funds deposited in escrow by the other party shall be liable to the person making the deposit for all of the following: (1) The amount of the funds deposited in escrow not held in good faith to resolve a good faith dispute. (2) Damages of treble the amount of the funds deposited in escrow not held to resolve a good faith dispute, but liability under this paragraph shall not be less than one hundred dollars ($100) or more than one thousand dollars ($1,000). (3) Reasonable attorney’s fees incurred in any action to enforce this section. (c) Notwithstanding subdivision (b), there shall be no cause of action under this section, and no party to a contract to purchase and sell real property shall be liable, for failure to return funds deposited in an escrow account by a buyer or seller, if the funds are withheld in order to resolve a good faith dispute between a buyer and seller. A party who is denied the return of the funds deposited in escrow is entitled to damages under this section only upon proving that there was no good faith dispute as to the right to the funds on deposit. (d) Upon the filing of a cause of action pursuant to this section, the escrow holder shall deposit the sum in dispute, less any cancellation fee and charges incurred, with the court in which the action is filed and be discharged of further responsibility for the funds. (e) Neither any document required by the escrow holder to release funds deposited in an escrow account nor the acceptance of funds released from escrow, by any principal to the escrow transaction, shall be deemed a cancellation or termination of the underlying contract to purchase and sell real property, unless the cancellation is specifically stated therein. If the escrow instructions constitute the only contract between the buyer and seller, no document required by the escrow holder to release funds deposited in an escrow account shall abrogate a cause of action for breach of a contractual obligation to purchase or sell real property, unless the cancellation is specifically stated therein. (f) For purposes of this section: (1) “Close of escrow” means the date, specified event, or performance of prescribed condition upon which the escrow agent is to deliver the subject of the escrow to the person specified in the buyer’s instructions to the escrow agent. (2) “Good faith dispute” means a dispute in which the trier of fact finds that the party refusing to return the deposited funds had a reasonable belief of his or her legal entitlement to withhold the deposited funds. The existence of a “good faith dispute” shall be determined by the trier of fact. (3) “Property” means real property containing one to four residential units at least one of which at the time the escrow is created is to be occupied by the buyer. The buyer’s statement as to his or her intention to occupy one of the units is conclusive for the purposes of this section. (g) Nothing in this section restricts the ability of an escrow holder to file an interpleader action in the event of a dispute as to the proper distribution of funds deposited in an escrow account. (Added by Stats. 1990, Ch. 13, Sec. 1.)
  34. 1057.5.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 1. Transfers in General [1039 - 1090.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 3. Mode of Transfer [1052 - 1059] ( Article 3 enacted 1872. )

    Verify source ↗

    Escrow agents generally may not pay commissions or similar compensation for referrals or servicing of escrow business, and may not arrange contingent compensation before escrow closes, except for normal compensation of their own employees.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 1. Transfers in General [1039 - 1090.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 3. Mode of Transfer [1052 - 1059] ( Article 3 enacted 1872. ) ## 1057.5. Except for the normal compensation of his own employees, no person acting as an escrow agent whether required to be licensed as such or not, shall pay over to any other person any commission, fee, or other consideration as compensation for referring, soliciting, handling, or servicing escrow customers or accounts. No escrow agent shall enter into any arrangement, either of his own making or of a subsidiary nature, or through any other person having a dual capacity, or through any person having a direct or indirect interest in the escrow, or other device, permitting any fee, commission, or compensation which is contingent upon the performance of any act, condition, or instruction set forth in an escrow, to be drawn or paid, either in whole or in part, or in kind or its equivalent, prior to the actual closing and completion of the escrow. The provisions of this section shall not be deemed to supersede, negate, or modify any of the provisions of Section 12404 of the Insurance Code. (Added by Stats. 1967, Ch. 678.)
  35. 1057.6.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 1. Transfers in General [1039 - 1090.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 3. Mode of Transfer [1052 - 1059] ( Article 3 enacted 1872. )

    Verify source ↗

    In certain real property escrow transactions, a separate notice about title insurance must be given to the buyer or exchange parties, and they must sign and acknowledge it.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 1. Transfers in General [1039 - 1090.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 3. Mode of Transfer [1052 - 1059] ( Article 3 enacted 1872. ) ## 1057.6. In an escrow transaction for the purchase or simultaneous exchange of real property, where a policy of title insurance will not be issued to the buyer or to the parties to the exchange, the following notice shall be provided in a separate document to the buyer or parties exchanging real property, which shall be signed and acknowledged by them: “IMPORTANT: IN A PURCHASE OR EXCHANGE OF REAL PROPERTY, IT MAY BE ADVISABLE TO OBTAIN TITLE INSURANCE IN CONNECTION WITH THE CLOSE OF ESCROW SINCE THERE MAY BE PRIOR RECORDED LIENS AND ENCUMBRANCES WHICH AFFECT YOUR INTEREST IN THE PROPERTY BEING ACQUIRED. A NEW POLICY OF TITLE INSURANCE SHOULD BE OBTAINED IN ORDER TO ENSURE YOUR INTEREST IN THE PROPERTY THAT YOU ARE ACQUIRING.” (Added by Stats. 1992, Ch. 194, Sec. 1. Effective January 1, 1993.)
  36. 1057.7.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 1. Transfers in General [1039 - 1090.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 3. Mode of Transfer [1052 - 1059] ( Article 3 enacted 1872. )

    Verify source ↗

    Written escrow instructions executed by a buyer or seller must include a 10-point statement with the license name and the issuing department or operating authority.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 1. Transfers in General [1039 - 1090.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 3. Mode of Transfer [1052 - 1059] ( Article 3 enacted 1872. ) ## 1057.7. All written escrow instructions executed by a buyer or seller, whether prepared by a person subject to Division 6 (commencing with Section 17000) of the Financial Code, or by a person exempt from that division under Section 17006 of the Financial Code, shall contain a statement in not less than 10-point type which shall include the license name and the name of the department issuing the license or authority under which the person is operating. This section shall not apply to supplemental escrow instructions or modifications to escrow instructions. This section shall become operative on July 1, 1993. (Added by Stats. 1992, Ch. 861, Sec. 2. Effective January 1, 1993. Section operative July 1, 1993, by its own provisions.)
  37. 1058.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 1. Transfers in General [1039 - 1090.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 3. Mode of Transfer [1052 - 1059] ( Article 3 enacted 1872. )

    Verify source ↗

    Redelivering a grant of real property to the grantor, or canceling it, does not retransfer title.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 1. Transfers in General [1039 - 1090.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 3. Mode of Transfer [1052 - 1059] ( Article 3 enacted 1872. ) ## 1058. Redelivering a grant of real property to the grantor, or canceling it, does not operate to retransfer the title. (Enacted 1872.)
  38. 1058.5.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 1. Transfers in General [1039 - 1090.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 3. Mode of Transfer [1052 - 1059] ( Article 3 enacted 1872. )

    Verify source ↗

    This section allows certain notices to be recorded with the county recorder, including a notice of nonacceptance of a recorded deed and, in some cases, a notice of rescission of a trustee’s deed.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 1. Transfers in General [1039 - 1090.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 3. Mode of Transfer [1052 - 1059] ( Article 3 enacted 1872. ) ## 1058.5. (a) A notice of nonacceptance of a recorded deed executed by a holder of a security interest, which notice identifies the security interest, contains a legal description of the property, properly identifies the parties to the deed, the date of recordation of the deed, the county in which the project is located, and the county assessor’s parcel number of the real property referenced in the deed, may be recorded in the office of the county recorder where the real property is located. (b) Where a trustee’s deed is invalidated by a pending bankruptcy or otherwise, recordation of a notice of rescission of the trustee’s deed, which notice properly identifies the deed of trust, the identification numbers used by the recorder or the books and pages at which the trustee’s deed and deed of trust are recorded, the names of all trustors and beneficiaries, the location of the property subject to the deed of trust, and the reason for rescission, shall restore the condition of record title to the real property described in the trustee’s deed and the existence and priority of all lienholders to the status quo prior to the recordation of the trustee’s deed upon sale. Only the trustee or beneficiary who caused the trustee’s deed to be recorded, or his or her successor in interest, may record a notice of rescission. (Amended by Stats. 1997, Ch. 74, Sec. 1. Effective January 1, 1998.)
  39. 1059.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 1. Transfers in General [1039 - 1090.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 3. Mode of Transfer [1052 - 1059] ( Article 3 enacted 1872. )

    Verify source ↗

    A grant can count as delivered even if it was not physically handed to the grantee, in two listed situations.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 1. Transfers in General [1039 - 1090.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 3. Mode of Transfer [1052 - 1059] ( Article 3 enacted 1872. ) ## 1059. Though a grant be not actually delivered into the possession of the grantee, it is yet to be deemed constructively delivered in the following cases: 1. Where the instrument is, by the agreement of the parties at the time of execution, understood to be delivered, and under such circumstances that the grantee is entitled to immediate delivery; or, 2. Where it is delivered to a stranger for the benefit of the grantee, and his assent is shown, or may be presumed. (Enacted 1872.)
  40. 1066.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 1. Transfers in General [1039 - 1090.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 4. Interpretation of Grants [1066 - 1072] ( Article 4 enacted 1872. )

    Verify source ↗

    Grants are interpreted like contracts in general, unless this Article provides otherwise.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 1. Transfers in General [1039 - 1090.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 4. Interpretation of Grants [1066 - 1072] ( Article 4 enacted 1872. ) ## 1066. Grants are to be interpreted in like manner with contracts in general, except so far as is otherwise provided in this Article. (Enacted 1872.)
  41. 1067.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 1. Transfers in General [1039 - 1090.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 4. Interpretation of Grants [1066 - 1072] ( Article 4 enacted 1872. )

    Verify source ↗

    A clear and distinct limitation in a grant is not overridden by less clear or less distinct wording.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 1. Transfers in General [1039 - 1090.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 4. Interpretation of Grants [1066 - 1072] ( Article 4 enacted 1872. ) ## 1067. A clear and distinct limitation in a grant is not controlled by other words less clear and distinct. (Enacted 1872.)
  42. 1068.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 1. Transfers in General [1039 - 1090.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 4. Interpretation of Grants [1066 - 1072] ( Article 4 enacted 1872. )

    Verify source ↗

    If the operative words of a grant are doubtful, the recitals may be used to help interpret it.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 1. Transfers in General [1039 - 1090.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 4. Interpretation of Grants [1066 - 1072] ( Article 4 enacted 1872. ) ## 1068. If the operative words of a grant are doubtful, recourse may be had to its recitals to assist the construction. (Enacted 1872.)
  43. 1069.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 1. Transfers in General [1039 - 1090.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 4. Interpretation of Grants [1066 - 1072] ( Article 4 enacted 1872. )

    Verify source ↗

    A grant is generally interpreted in favor of the grantee, except reservations in a grant and grants by a public officer or body to a private party, which are interpreted in favor of the grantor.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 1. Transfers in General [1039 - 1090.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 4. Interpretation of Grants [1066 - 1072] ( Article 4 enacted 1872. ) ## 1069. A grant is to be interpreted in favor of the grantee, except that a reservation in any grant, and every grant by a public officer or body, as such, to a private party, is to be interpreted in favor of the grantor. (Enacted 1872.)
  44. 1070.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 1. Transfers in General [1039 - 1090.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 4. Interpretation of Grants [1066 - 1072] ( Article 4 enacted 1872. )

    Verify source ↗

    If two parts of a grant cannot be reconciled, the earlier part controls.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 1. Transfers in General [1039 - 1090.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 4. Interpretation of Grants [1066 - 1072] ( Article 4 enacted 1872. ) ## 1070. If several parts of a grant are absolutely irreconcilable, the former part prevails. (Enacted 1872.)
  45. 1072.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 1. Transfers in General [1039 - 1090.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 4. Interpretation of Grants [1066 - 1072] ( Article 4 enacted 1872. )

    Verify source ↗

    Words of inheritance or succession are not required to transfer a fee in real property.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 1. Transfers in General [1039 - 1090.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 4. Interpretation of Grants [1066 - 1072] ( Article 4 enacted 1872. ) ## 1072. Words of inheritance or succession are not requisite to transfer a fee in real property. (Enacted 1872.)
  46. 1084.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 1. Transfers in General [1039 - 1090.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 5. Effect of Transfer [1084 - 1085] ( Article 5 enacted 1872. )

    Verify source ↗

    A transfer of a thing carries its incidents, unless they are expressly excepted; transferring an incident does not transfer the thing itself.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 1. Transfers in General [1039 - 1090.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 5. Effect of Transfer [1084 - 1085] ( Article 5 enacted 1872. ) ## 1084. The transfer of a thing transfers also all its incidents, unless expressly excepted; but the transfer of an incident to a thing does not transfer the thing itself. (Enacted 1872.)
  47. 1085.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 1. Transfers in General [1039 - 1090.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 5. Effect of Transfer [1084 - 1085] ( Article 5 enacted 1872. )

    Verify source ↗

    Any natural person may take a present interest or the benefit of a property condition or covenant under a grant, even if not named as a party.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 1. Transfers in General [1039 - 1090.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 5. Effect of Transfer [1084 - 1085] ( Article 5 enacted 1872. ) ## 1085. A present interest, and the benefit of a condition or covenant respecting property, may be taken by any natural person under a grant, although not named a party thereto. (Enacted 1872.)
  48. 1086.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 1. Transfers in General [1039 - 1090.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 6. Agency Listings for the Transfer of Certain Property [1086 - 1089.5] ( Article 6 added by Stats. 1982, Ch. 547, Sec. 1. )

    Verify source ↗

    This section defines “agent” for this article.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 1. Transfers in General [1039 - 1090.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 6. Agency Listings for the Transfer of Certain Property [1086 - 1089.5] ( Article 6 added by Stats. 1982, Ch. 547, Sec. 1. ) ## 1086. (a) For purposes of this article, the definitions contained in Chapter 1 (commencing with Section 10000) of Part 1 of Division 4 of the Business and Professions Code apply. (b) An “agent” is one authorized by law to act in that capacity for that type of property and is licensed as a real estate broker under Chapter 3 (commencing with Section 10130) of Part 1 of Division 4 of the Business and Professions Code, or is a licensee, as defined in Section 18006 of the Health and Safety Code. (Amended by Stats. 2018, Ch. 907, Sec. 1. (AB 1289) Effective January 1, 2019.)
  49. 1087.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 1. Transfers in General [1039 - 1090.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 6. Agency Listings for the Transfer of Certain Property [1086 - 1089.5] ( Article 6 added by Stats. 1982, Ch. 547, Sec. 1. )

    Verify source ↗

    This section defines a multiple listing service (MLS) as a cooperative system for agents and appraisers that works through an intermediary and follows MLS rules.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 1. Transfers in General [1039 - 1090.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 6. Agency Listings for the Transfer of Certain Property [1086 - 1089.5] ( Article 6 added by Stats. 1982, Ch. 547, Sec. 1. ) ## 1087. A multiple listing service (MLS) is a facility of cooperation of agents and appraisers, operating through an intermediary that does not itself act as an agent or appraiser, through which agents establish express or implied contracts for compensation between agents that are MLS participants in accordance with its MLS rules with respect to listed properties in a listing agreement, or that may be used by agents and appraisers, pursuant to the rules of the service, to prepare market evaluations and appraisals of real property. (Amended by Stats. 2018, Ch. 907, Sec. 2. (AB 1289) Effective January 1, 2019.)
  50. 1088.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 1. Transfers in General [1039 - 1090.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 6. Agency Listings for the Transfer of Certain Property [1086 - 1089.5] ( Article 6 added by Stats. 1982, Ch. 547, Sec. 1. )

    Verify source ↗

    An agent or appraiser who places information in a multiple listing service is responsible for its truth, and multiple listing services must keep and make that information accessible for at least three years.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 1. Transfers in General [1039 - 1090.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 6. Agency Listings for the Transfer of Certain Property [1086 - 1089.5] ( Article 6 added by Stats. 1982, Ch. 547, Sec. 1. ) ## 1088. (a) A listing may not be placed in a multiple listing service unless authorized or directed by the seller in the listing. (b) If an agent or appraiser places a listing or other information in the multiple listing service, that agent or appraiser shall be responsible for the truth of all representations and statements made by the agent or appraiser of which that agent or appraiser had knowledge or reasonably should have had knowledge to anyone injured by their falseness or inaccuracy. (c) A multiple listing service shall retain and make accessible on its computer system, if any, all listing and other information placed in the multiple listing service by an agent or appraiser for no less than three years from the date the listing was placed in the multiple listing service. (d) This section shall not alter the obligations of a licensed real estate broker to retain documents as specified in subdivision (a) of Section 10148 of the Business and Professions Code. (Amended by Stats. 2019, Ch. 310, Sec. 1. (AB 892) Effective January 1, 2020.)
  51. 1089.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 1. Transfers in General [1039 - 1090.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 6. Agency Listings for the Transfer of Certain Property [1086 - 1089.5] ( Article 6 added by Stats. 1982, Ch. 547, Sec. 1. )

    Verify source ↗

    Subdivision (d) of Section 1102.1 applies to this article.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 1. Transfers in General [1039 - 1090.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 6. Agency Listings for the Transfer of Certain Property [1086 - 1089.5] ( Article 6 added by Stats. 1982, Ch. 547, Sec. 1. ) ## 1089. The provisions of subdivision (d) of Section 1102.1 shall apply to this article. (Repealed and added by Stats. 2018, Ch. 907, Sec. 5. (AB 1289) Effective January 1, 2019.)
  52. 1089.5.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 1. Transfers in General [1039 - 1090.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 6. Agency Listings for the Transfer of Certain Property [1086 - 1089.5] ( Article 6 added by Stats. 1982, Ch. 547, Sec. 1. )

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    This article applies to certain property covered by a Probate Code contract, subject to the listed Probate Code limitations, conditions, and requirements.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 1. Transfers in General [1039 - 1090.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 6. Agency Listings for the Transfer of Certain Property [1086 - 1089.5] ( Article 6 added by Stats. 1982, Ch. 547, Sec. 1. ) ## 1089.5. Subject to the limitations, conditions, and requirements of Chapter 18 (commencing with Section 10000) of Part 5 of Division 7 of the Probate Code, this article applies to property defined in Section 1086 that is covered by a contract described in Section 10150 of the Probate Code. (Added by Stats. 1988, Ch. 113, Sec. 4. Effective May 25, 1988. Operative July 1, 1988, by Sec. 23 of Ch. 113.)
  53. 1090.5.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 1. Transfers in General [1039 - 1090.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 7. Unlawful Influence of Appraisers [1090.5- 1090.5.] ( Article 7 added by Stats. 2007, Ch. 291, Sec. 2. )

    Verify source ↗

    A person with an interest in a real estate transaction involving a valuation must not improperly influence the valuation process.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 1. Transfers in General [1039 - 1090.5] ( Chapter 1 enacted 1872. ) ## ARTICLE 7. Unlawful Influence of Appraisers [1090.5- 1090.5.] ( Article 7 added by Stats. 2007, Ch. 291, Sec. 2. ) ## 1090.5. (a) No person with an interest in a real estate transaction involving a valuation shall improperly influence or attempt to improperly influence the development, reporting, result, or review of that valuation, through coercion, extortion, bribery, intimidation, compensation, or instruction. For purposes of this section, a valuation is defined as an estimate of the value of real property in written or electronic form, other than one produced solely by an automated valuation model or system. Prohibited acts include, but are not limited to, the following: (1) Seeking to influence a person who prepares a valuation to report a minimum or maximum value for the property being valued. Such influence may include, but is not limited to: (A) Requesting that a person provide a preliminary estimate or opinion of value prior to entering into a contract with that person for valuation services. (B) Conditioning whether to hire a person based on an expectation of the value conclusion likely to be returned by that person. (C) Conditioning the amount of a person’s compensation on the value conclusion returned by that person. (D) Providing to a person an anticipated, estimated, encouraged, or desired valuation prior to their completion of a valuation. (2) Withholding or threatening to withhold timely payment to a person or entity that prepares a valuation, or provides valuation management functions, because that person or entity does not return a value at or above a certain amount. (3) Implying to a person who prepares a valuation that current or future retention of that person depends on the amount at which the person estimates the value of real property. (4) Excluding a person who prepares a valuation from consideration for future engagement because the person reports a value that does not meet or exceed a predetermined threshold. (5) Conditioning the compensation paid to a person who prepares a valuation on consummation of the real estate transaction for which the valuation is prepared. (6) Requesting the payment of compensation to achieve higher priority in the assignment of valuation business. (b) Subdivision (a) does not prohibit a person with an interest in a real estate transaction from doing any of the following: (1) Asking a person who performs a valuation to do any of the following: (A) Consider additional, appropriate property information, including information about comparable properties. (B) Provide further detail, substantiation, or explanation for the person’s value conclusion. (C) Correct errors in a valuation report. (2) Obtaining multiple valuations, for purposes of selecting the most reliable valuation. (3) Withholding compensation due to breach of contract or substandard performance of services. (4) Providing a copy of the sales contract in connection with a purchase transaction. (c) If a person who violates this section is licensed or registered under any state licensing or registration law and the violation occurs within the course and scope of the person’s duties as a licensee or registrant, the violation shall be deemed a violation of that law. (d) Nothing in this section shall be construed to authorize communications that are otherwise prohibited under existing law. (Amended by Stats. 2011, Ch. 716, Sec. 5. (SB 6) Effective January 1, 2012.)
  54. 1091.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Mode of Transfer [1091 - 1099] ( Article 1 enacted 1872. )

    Verify source ↗

    Most transfers of real property must be made by operation of law or by a written instrument signed by the person disposing of the property, or by that person’s authorized written agent.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Mode of Transfer [1091 - 1099] ( Article 1 enacted 1872. ) ## 1091. An estate in real property, other than an estate at will or for a term not exceeding one year, can be transferred only by operation of law, or by an instrument in writing, subscribed by the party disposing of the same, or by his agent thereunto authorized by writing. (Enacted 1872.)
  55. 1092.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Mode of Transfer [1091 - 1099] ( Article 1 enacted 1872. )

    Verify source ↗

    A grant of an estate in real property may be made using the statutory form set out in this section.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Mode of Transfer [1091 - 1099] ( Article 1 enacted 1872. ) ## 1092. A grant of an estate in real property may be made in substance as follows: “I, A B, grant to C D all that real property situated in (insert name of county) County, State of California, bounded (or described) as follows: (here insert property description, or if the land sought to be conveyed has a descriptive name, it may be described by the name, as for instance, ‛The Norris Ranch.’) Witness my hand this (insert day) day of (insert month), 20___. _____ AB” (Amended by Stats. 1999, Ch. 608, Sec. 4. Effective January 1, 2000.)
  56. 1093.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Mode of Transfer [1091 - 1099] ( Article 1 enacted 1872. )

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    Consolidating separate real property descriptions into one later conveyance document does not change their separate and distinct nature unless the grantor expressly states otherwise in writing.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Mode of Transfer [1091 - 1099] ( Article 1 enacted 1872. ) ## 1093. Absent the express written statement of the grantor contained therein, the consolidation of separate and distinct legal descriptions of real property contained in one or more deeds, mortgages, patents, deeds of trust, contracts of sale, or other instruments of conveyance or security documents, into a subsequent single deed, mortgage, patent, deed of trust, contract of sale, or other instrument of conveyance or security document (whether by means of an individual listing of the legal descriptions in a subsequent single instrument of conveyance or security document, or by means of a consolidated legal description comprised of more than one previously separate and distinct legal description), does not operate in any manner to alter or affect the separate and distinct nature of the real property so described in the subsequent single instrument of conveyance or security document containing either the listing of or the consolidated legal description of the parcels so conveyed or secured thereby. This section does not constitute a change in, but is declaratory of, the existing law. (Added by Stats. 1985, Ch. 911, Sec. 1.)
  57. 1095.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Mode of Transfer [1091 - 1099] ( Article 1 enacted 1872. )

    Verify source ↗

    An attorney in fact who signs a real property transfer must sign the principal’s name and the attorney’s own name as attorney in fact.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Mode of Transfer [1091 - 1099] ( Article 1 enacted 1872. ) ## 1095. When an attorney in fact executes an instrument transferring an estate in real property, he must subscribe the name of his principal to it, and his own name as attorney in fact. (Enacted 1872.)
  58. 1096.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Mode of Transfer [1091 - 1099] ( Article 1 enacted 1872. )

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    If a real estate title holder changes name, any later conveyance must state the name used when title was acquired.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Mode of Transfer [1091 - 1099] ( Article 1 enacted 1872. ) ## 1096. Any person in whom the title of real estate is vested, who shall afterwards, from any cause, have his or her name changed, must, in any conveyance of said real estate so held, set forth the name in which he or she derived title to said real estate. Any conveyance, though recorded as provided by law, which does not comply with the foregoing provision shall not impart constructive notice of the contents thereof to subsequent purchasers and encumbrancers, but such conveyance is valid as between the parties thereto and those who have notice thereof. (Amended by Stats. 1947, Ch. 1314.)
  59. 1097.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Mode of Transfer [1091 - 1099] ( Article 1 enacted 1872. )

    Verify source ↗

    A vendor or lessor of a single-family residential property may not charge more than $10 for signing and delivering a document connected to transfer, cancellation, or reconveyance of title or an instrument.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Mode of Transfer [1091 - 1099] ( Article 1 enacted 1872. ) ## 1097. No vendor or lessor of a single family residential property shall contract for or exact any fee in excess of ten dollars ($10) for the act of signing and delivering a document in connection with the transfer, cancellation or reconveyance of any title or instrument at the time the buyer or lessee exercises an option to buy, or completes performance of the contract for the sale of, the property. The provisions of this section shall apply prospectively only. (Added by Stats. 1965, Ch. 352.)
  60. 1098.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Mode of Transfer [1091 - 1099] ( Article 1 enacted 1872. )

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    This section defines “transfer fee” for real property and excludes several listed types of charges from that definition.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Mode of Transfer [1091 - 1099] ( Article 1 enacted 1872. ) ## 1098. (a) A “transfer fee” is any fee payment requirement imposed within a covenant, restriction, or condition contained in any deed, contract, security instrument, or other document affecting the transfer or sale of, or any interest in, real property that requires a fee be paid as a result of transfer of the real property. A transfer fee does not include any of the following: (1) Fees or taxes imposed by a governmental entity. (2) Fees pursuant to mechanics’ liens. (3) Fees pursuant to court-ordered transfers, payments, or judgments. (4) Fees pursuant to property agreements in connection with a legal separation or dissolution of marriage. (5) Fees, charges, or payments in connection with the administration of estates or trusts pursuant to Division 7 (commencing with Section 7000), Division 8 (commencing with Section 13000), or Division 9 (commencing with Section 15000) of the Probate Code. (6) Fees, charges, or payments imposed by lenders or purchasers of loans, as these entities are described in subdivision (c) of Section 10232 of the Business and Professions Code. (7) Assessments, charges, penalties, or fees authorized by the Davis-Stirling Common Interest Development Act (Part 5 (commencing with Section 4000) of Division 4) or by the Commercial and Industrial Common Interest Development Act (Part 5.3 (commencing with Section 6500) of Division 4). (8) Fees, charges, or payments for failing to comply with, or for transferring the real property prior to satisfying, an obligation to construct residential improvements on the real property. (9) (A) Any fee reflected in a document recorded against the property on or before December 31, 2007, that is separate from any covenants, conditions, and restrictions, and that substantially complies with subdivision (a) of Section 1098.5 by providing a prospective transferee notice of the following: (i) Payment of a transfer fee is required. (ii) The amount or method of calculation of the fee. (iii) The date or circumstances under which the transfer fee payment requirement expires, if any. (iv) The entity to which the fee will be paid. (v) The general purposes for which the fee will be used. (B) A fee reflected in a document recorded against the property on or before December 31, 2007, that is not separate from any covenants, conditions, and restrictions, or that incorporates by reference from another document, is a “transfer fee” for purposes of Section 1098.5. A transfer fee recorded against the property on or before December 31, 2007, that complies with subparagraph (A) and incorporates by reference from another document is unenforceable unless recorded against the property on or before December 31, 2016, in a single document that complies with subdivision (b) and with Section 1098.5. (b) The information in paragraph (9) of subdivision (a) shall be set forth in a single document and shall not be incorporated by reference from any other document. (Amended by Stats. 2015, Ch. 634, Sec. 1. (AB 807) Effective January 1, 2016.)
  61. 1098.5.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Mode of Transfer [1091 - 1099] ( Article 1 enacted 1872. )

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    Certain transfer-fee recipients or fee-imposing parties must record a required disclosure document with the county recorder, and the recorder only checks limited information and indexes the document.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Mode of Transfer [1091 - 1099] ( Article 1 enacted 1872. ) ## 1098.5. (a) For transfer fees, as defined in Section 1098, imposed prior to January 1, 2008, the receiver of the fee, as a condition of payment of the fee on or after January 1, 2009, shall record, on or before December 31, 2008, against the real property in the office of the county recorder for the county in which the real property is located a separate document that meets all of the following requirements: (1) The title of the document shall be “Payment of Transfer Fee Required” in at least 14-point boldface type. (2) The document shall include all of the following information: (A) The names of all current owners of the real property subject to the transfer fee, and the legal description and assessor’s parcel number for the affected real property. (B) The amount, if the fee is a flat amount, or the percentage of the sales price constituting the cost of the fee. (C) If the real property is residential property, actual dollar-cost examples of the fee for a home priced at two hundred fifty thousand dollars ($250,000), five hundred thousand dollars ($500,000), and seven hundred fifty thousand dollars ($750,000). (D) The date or circumstances under which the transfer fee payment requirement expires, if any. (E) The purpose for which the funds from the fee will be used. (F) The entity to which funds from the fee will be paid and specific contact information regarding where the funds are to be sent. (G) The signature of the authorized representative of the entity to which funds from the fee will be paid. (b) When a transfer fee, as defined in Section 1098, is imposed upon real property on or after January 1, 2008, the person or entity imposing the transfer fee, as a condition of payment of the fee, shall record in the office of the county recorder for the county in which the real property is located, concurrently with the instrument creating the transfer fee requirement, a separate document that meets all of the following requirements: (1) The title of the document shall be “Payment of Transfer Fee Required” in at least 14-point boldface type. (2) The document shall include all of the following information: (A) The names of all current owners of the real property subject to the transfer fee, and the legal description and assessor’s parcel number for the affected real property. (B) The amount, if the fee is a flat amount, the percentage of the sales price constituting the cost of the fee, or the method for calculating the amount. (C) If the real property is residential property and the amount of the fee is based on the price of the real property, actual dollar-cost examples of the fee for a home priced at two hundred fifty thousand dollars ($250,000), five hundred thousand dollars ($500,000), and seven hundred fifty thousand dollars ($750,000). (D) The date or circumstances under which the transfer fee payment requirement expires, if any. (E) The purpose for which the funds from the fee will be used. (F) The entity to which funds from the fee will be paid and specific contact information regarding where the funds are to be sent. (G) The signature of the authorized representative of the entity to which funds from the fee will be paid. (H) For private transfer fees created on or after February 8, 2011, unless the exception in Section 1228.3 of Title 12 of the Code of Federal Regulations applies, the following notice in at least 14-point boldface type: The Federal Housing Finance Agency and the Federal Housing Administration are prohibited from dealing in mortgages on properties encumbered by private transfer fee covenants that do not provide a “direct benefit” to the real property encumbered by the covenant. As a result, if you purchase such a property, you or individuals you want to sell the property to may have difficulty obtaining financing. (c) The recorder shall only be responsible for examining that the document required by subdivision (a) or (b) contains the information required by subparagraphs (A), (F), and (G) of paragraph (2) of subdivision (a) or (b). The recorder shall index the document under the names of the persons and entities identified in subparagraphs (A) and (F) of paragraph (2) of subdivision (a) or (b). The recorder shall not examine any other information contained in the document required by subdivision (a) or (b). (Amended by Stats. 2017, Ch. 148, Sec. 1. (AB 1139) Effective January 1, 2018.)
  62. 1098.6.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Mode of Transfer [1091 - 1099] ( Article 1 enacted 1872. )

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    A transfer fee may not be created on or after January 1, 2019, unless a stated exception applies.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Mode of Transfer [1091 - 1099] ( Article 1 enacted 1872. ) ## 1098.6. (a) (1) On or after January 1, 2019, a transfer fee shall not be created. (2) This subdivision does not apply to excepted transfer fee covenants as defined by Section 1228.1 of Title 12 of the Code of Federal Regulations. Excepted transfer fee covenants are not required to comply with subparagraph (H) of paragraph (2) of subdivision (b) of Section 1098.5. (3) This subdivision does not apply to a private transfer fee covenant if all of the following requirements are met: (A) The covenant is created pursuant to an agreement entered into before June 1, 2009. (B) The covenant is applicable to land that is identified in the agreement. (C) The agreement was in settlement of litigation or approved by a government agency or body. (D) The agreement was recorded in each county in which the land identified in the agreement is located. (E) The agreement specifies the development area in which the covenant shall apply to any covered parcel to be created within that development area. (F) The covenant complies with the requirements of Section 1098.5, except that the requirement of subparagraph (H) of paragraph (2) of subdivision (b) of Section 1098.5 does not apply. (b) Any transfer fee created in violation of subdivision (a) is void as against public policy. (c) For purposes of this section, “transfer fee” has the same meaning as that term is defined in Section 1098. (Amended by Stats. 2024, Ch. 475, Sec. 1. (SB 1399) Effective January 1, 2025.)
  63. 1099.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Mode of Transfer [1091 - 1099] ( Article 1 enacted 1872. )

    Verify source ↗

    Before a real property transfer or sales contract, the transferor, fee owner, or agent must provide the transferee with specified pest inspection documents when the contract or financing makes them required.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Mode of Transfer [1091 - 1099] ( Article 1 enacted 1872. ) ## 1099. (a) As soon as practical before transfer of title of any real property or the execution of a real property sales contract as defined in Section 2985, the transferor, fee owner, or his or her agent, shall deliver to the transferee a copy of a structural pest control inspection report prepared pursuant to Section 8516 of the Business and Professions Code upon which any certification in accordance with Section 8519 of the Business and Professions Code may be made, provided that certification or preparation of a report is a condition of the contract effecting that transfer, or is a requirement imposed as a condition of financing such transfer. (b) If a notice of work completed as contemplated by Section 8518 of the Business and Professions Code, indicating action by a structural pest control licensee in response to an inspection report delivered or to be delivered under provisions of subdivision (a), or a certification pursuant to Section 8519 of the Business and Professions Code, has been received by a transferor or his or her agent before transfer of title or execution of a real property sales contract as defined in Section 2985, it shall be furnished to the transferee as soon as practical before transfer of title or the execution of such real property sales contract. (c) Delivery to a transferee as used in this section means delivery in person or by mail to the transferee himself or herself or any person authorized to act for him or her in the transaction or to such additional transferees who have requested such delivery from the transferor or his or her agent in writing. For the purposes of this section, delivery to either spouse shall be deemed delivery to a transferee, unless the contract affecting the transfer states otherwise. (d) No transfer of title of real property shall be invalidated solely because of the failure of any person to comply with the provisions of this section unless such failure is an act or omission which would be a valid ground for rescission of such transfer in the absence of this section. (Amended by Stats. 2016, Ch. 50, Sec. 10. (SB 1005) Effective January 1, 2017.)
  64. 1101.1.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.4. Installation of Water Use Efficiency Improvements [1101.1 - 1101.9] ( Article 1.4 added by Stats. 2009, Ch. 587, Sec. 1. )

    Verify source ↗

    The Legislature states that certain residential and commercial real property built on or before January 1, 1994, should be equipped with water-conserving plumbing fixtures.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.4. Installation of Water Use Efficiency Improvements [1101.1 - 1101.9] ( Article 1.4 added by Stats. 2009, Ch. 587, Sec. 1. ) ## 1101.1. The Legislature finds and declares all of the following: (a) Adequate water supply reliability for all uses is essential to the future economic and environmental health of California. (b) Environmentally sound strategies to meet future water supply and wastewater treatment needs are key to protecting and restoring aquatic resources in California. (c) There is a pressing need to address water supply reliability issues raised by growing urban areas. (d) Economic analysis by urban water agencies has identified urban water conservation as a cost-effective approach to addressing water supply needs. (e) There are many water conservation practices that produce significant energy and other resource savings that should be encouraged as a matter of state policy. (f) Since the 1991 signing of the “Memorandum of Understanding Regarding Urban Water Conservation in California,” many urban water and wastewater treatment agencies have gained valuable experience that can be applied to produce significant statewide savings of water, energy, and associated infrastructure costs. This experience indicates a need to regularly revise and update water conservation methodologies and practices. (g) To address these concerns, it is the intent of the Legislature to require that residential and commercial real property built and available for use or occupancy on or before January 1, 1994, be equipped with water-conserving plumbing fixtures. (h) It is further the intent of the Legislature that retail water suppliers are encouraged to provide incentives, financing mechanisms, and funding to assist property owners with these retrofit obligations. (Added by Stats. 2009, Ch. 587, Sec. 1. (SB 407) Effective January 1, 2010.)
  65. 1101.2.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.4. Installation of Water Use Efficiency Improvements [1101.1 - 1101.9] ( Article 1.4 added by Stats. 2009, Ch. 587, Sec. 1. )

    Verify source ↗

    This article applies to residential and commercial real property built and available for use on or before January 1, 1994, except as provided in Section 1101.7.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.4. Installation of Water Use Efficiency Improvements [1101.1 - 1101.9] ( Article 1.4 added by Stats. 2009, Ch. 587, Sec. 1. ) ## 1101.2. Except as provided in Section 1101.7, this article shall apply to residential and commercial real property built and available for use on or before January 1, 1994. (Added by Stats. 2009, Ch. 587, Sec. 1. (SB 407) Effective January 1, 2010.)
  66. 1101.3.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.4. Installation of Water Use Efficiency Improvements [1101.1 - 1101.9] ( Article 1.4 added by Stats. 2009, Ch. 587, Sec. 1. )

    Verify source ↗

    This section defines terms used in the article about installing water use efficiency improvements.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.4. Installation of Water Use Efficiency Improvements [1101.1 - 1101.9] ( Article 1.4 added by Stats. 2009, Ch. 587, Sec. 1. ) ## 1101.3. For the purposes of this article: (a) “Commercial real property” means any real property that is improved with, or consisting of, a building that is intended for commercial use, including hotels and motels, that is not a single-family residential real property or a multifamily residential real property. (b) “Multifamily residential real property” means any real property that is improved with, or consisting of, a building containing more than one unit that is intended for human habitation, or any mixed residential-commercial buildings or portions thereof that are intended for human habitation. Multifamily residential real property includes residential hotels but does not include hotels and motels that are not residential hotels. (c) “Noncompliant plumbing fixture” means any of the following: (1) Any toilet manufactured to use more than 1.6 gallons of water per flush. (2) Any urinal manufactured to use more than one gallon of water per flush. (3) Any showerhead manufactured to have a flow capacity of more than 2.5 gallons of water per minute. (4) Any interior faucet that emits more than 2.2 gallons of water per minute. (d) “Single-family residential real property” means any real property that is improved with, or consisting of, a building containing not more than one unit that is intended for human habitation. (e) “Water-conserving plumbing fixture” means any fixture that is in compliance with current building standards applicable to a newly constructed real property of the same type. (f) “Sale or transfer” means the sale or transfer of an entire real property estate or the fee interest in that real property estate and does not include the sale or transfer of a partial interest, including a leasehold. (Added by Stats. 2009, Ch. 587, Sec. 1. (SB 407) Effective January 1, 2010.)
  67. 1101.4.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.4. Installation of Water Use Efficiency Improvements [1101.1 - 1101.9] ( Article 1.4 added by Stats. 2009, Ch. 587, Sec. 1. )

    Verify source ↗

    This section requires replacement of noncompliant plumbing fixtures with water-conserving fixtures in certain single-family residential property situations, and requires written disclosure when selling or transferring such property.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.4. Installation of Water Use Efficiency Improvements [1101.1 - 1101.9] ( Article 1.4 added by Stats. 2009, Ch. 587, Sec. 1. ) ## 1101.4. (a) For all building alterations or improvements to single-family residential real property, as a condition for issuance of a certificate of final completion and occupancy or final permit approval by the local building department, the permit applicant shall replace all noncompliant plumbing fixtures with water-conserving plumbing fixtures. (b) On or before January 1, 2017, noncompliant plumbing fixtures in any single-family residential real property shall be replaced by the property owner with water-conserving plumbing fixtures. (c) A seller or transferor of single-family residential real property shall disclose in writing to the prospective purchaser or transferee the requirements of subdivision (b) and whether the real property includes any noncompliant plumbing fixtures. (Amended by Stats. 2019, Ch. 310, Sec. 2. (AB 892) Effective January 1, 2020.)
  68. 1101.5.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.4. Installation of Water Use Efficiency Improvements [1101.1 - 1101.9] ( Article 1.4 added by Stats. 2009, Ch. 587, Sec. 1. )

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    Owners, tenants, permit applicants, sellers, and local building departments have duties and limited entry rights tied to water-conserving plumbing fixtures in certain multifamily residential and commercial properties.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.4. Installation of Water Use Efficiency Improvements [1101.1 - 1101.9] ( Article 1.4 added by Stats. 2009, Ch. 587, Sec. 1. ) ## 1101.5. (a) On or before January 1, 2019, all noncompliant plumbing fixtures in any multifamily residential real property and in any commercial real property shall be replaced with water-conserving plumbing fixtures. (b) An owner or the owner’s agent may enter the owner’s property for the purpose of installing, repairing, testing, and maintaining water-conserving plumbing fixtures required by this section, consistent with notice requirements of Section 1954. (c) On and after January 1, 2019, the water-conserving plumbing fixtures required by this section shall be operating at the manufacturer’s rated water consumption at the time that the tenant takes possession. A tenant shall be responsible for notifying the owner or owner’s agent if the tenant becomes aware that a water-conserving plumbing fixture within his or her unit is not operating at the manufacturer’s rated water consumption. The owner or owner’s agent shall correct an inoperability in a water-conserving plumbing fixture upon notice by the tenant or if detected by the owner or the owner’s agent. (d) (1) On and after January 1, 2014, all noncompliant plumbing fixtures in any multifamily residential real property and any commercial real property shall be replaced with water-conserving plumbing fixtures in the following circumstances: (A) For building additions in which the sum of concurrent building permits by the same permit applicant would increase the floor area of the space in a building by more than 10 percent, the building permit applicant shall replace all noncompliant plumbing fixtures in the building. (B) For building alterations or improvements in which the total construction cost estimated in the building permit is greater than one hundred fifty thousand dollars ($150,000), the building permit applicant shall replace all noncompliant plumbing fixtures that service the specific area of the improvement. (C) Notwithstanding subparagraph (A) or (B), for any alterations or improvements to a room in a building that require a building permit and that room contains any noncompliant plumbing fixtures, the building permit applicant shall replace all noncompliant plumbing fixtures in that room. (2) Replacement of all noncompliant plumbing fixtures with water-conserving plumbing fixtures, as described in paragraph (1), shall be a condition for issuance of a certificate of final completion and occupancy or final permit approval by the local building department. (e) On and after January 1, 2019, a seller or transferor of multifamily residential real property or of commercial real property shall disclose to the prospective purchaser or transferee, in writing, the requirements of subdivision (a) and whether the property includes any noncompliant plumbing fixtures. This disclosure may be included in other transactional documents. (Amended by Stats. 2013, Ch. 183, Sec. 1. (SB 745) Effective January 1, 2014.)
  69. 1101.6.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.4. Installation of Water Use Efficiency Improvements [1101.1 - 1101.9] ( Article 1.4 added by Stats. 2009, Ch. 587, Sec. 1. )

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    An owner or building permit applicant gets a one-year postponement to comply with this article after a demolition permit is issued.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.4. Installation of Water Use Efficiency Improvements [1101.1 - 1101.9] ( Article 1.4 added by Stats. 2009, Ch. 587, Sec. 1. ) ## 1101.6. The duty of an owner or building permit applicant to comply with the requirements of this article shall be postponed for one year from the date of issuance of a demolition permit for the building. If the building is demolished within the one-year postponement, the requirements of this article shall not apply. If the building is not demolished after the expiration of one year, the provisions of this article shall apply, subject to appeal to the local building department, even though the demolition permit is still in effect or a new demolition permit has been issued. (Added by Stats. 2009, Ch. 587, Sec. 1. (SB 407) Effective January 1, 2010.)
  70. 1101.7.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.4. Installation of Water Use Efficiency Improvements [1101.1 - 1101.9] ( Article 1.4 added by Stats. 2009, Ch. 587, Sec. 1. )

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    This article does not apply to registered historical sites, certain real property where a licensed plumber certifies water-conserving fixtures are not technically feasible, or buildings with permanently disconnected water service.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.4. Installation of Water Use Efficiency Improvements [1101.1 - 1101.9] ( Article 1.4 added by Stats. 2009, Ch. 587, Sec. 1. ) ## 1101.7. This article shall not apply to any of the following: (a) Registered historical sites. (b) Real property for which a licensed plumber certifies that, due to the age or configuration of the property or its plumbing, installation of water-conserving plumbing fixtures is not technically feasible. (c) A building for which water service is permanently disconnected. (Added by Stats. 2009, Ch. 587, Sec. 1. (SB 407) Effective January 1, 2010.)
  71. 1101.8.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.4. Installation of Water Use Efficiency Improvements [1101.1 - 1101.9] ( Article 1.4 added by Stats. 2009, Ch. 587, Sec. 1. )

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    A city, county, city and county, or retail water supplier may adopt local ordinances or policies to promote compliance with this article or achieve greater water savings.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.4. Installation of Water Use Efficiency Improvements [1101.1 - 1101.9] ( Article 1.4 added by Stats. 2009, Ch. 587, Sec. 1. ) ## 1101.8. A city, county, or city and county, or a retail water supplier may do either of the following: (a) Enact local ordinances or establish policies that promote compliance with this article. (b) Enact local ordinances or establish policies that will result in a greater amount of water savings than those provided for in this article. (Added by Stats. 2009, Ch. 587, Sec. 1. (SB 407) Effective January 1, 2010.)
  72. 1101.9.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.4. Installation of Water Use Efficiency Improvements [1101.1 - 1101.9] ( Article 1.4 added by Stats. 2009, Ch. 587, Sec. 1. )

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    Certain cities and counties with a qualifying pre-July 1, 2009 retrofit ordinance are exempt from this article while that ordinance remains in effect.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.4. Installation of Water Use Efficiency Improvements [1101.1 - 1101.9] ( Article 1.4 added by Stats. 2009, Ch. 587, Sec. 1. ) ## 1101.9. Any city, county, or city and county that has adopted an ordinance requiring retrofit of noncompliant plumbing fixtures prior to July 1, 2009, shall be exempt from the requirements of this article so long as the ordinance remains in effect. (Added by Stats. 2009, Ch. 587, Sec. 1. (SB 407) Effective January 1, 2010.)
  73. 1102.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.5. Disclosures Upon Transfer of Residential Property [1102 - 1102.19] ( Article 1.5 added by Stats. 1985, Ch. 1574, Sec. 2. )

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    This section says the article applies to certain transfers of single-family residential property, unless Section 1102.2 provides otherwise, and any waiver of the article’s requirements is void.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.5. Disclosures Upon Transfer of Residential Property [1102 - 1102.19] ( Article 1.5 added by Stats. 1985, Ch. 1574, Sec. 2. ) ## 1102. (a) Except as provided in Section 1102.2, this article applies to any transfer by sale, exchange, real property sales contract as defined in Section 2985, lease with an option to purchase, any other option to purchase, or ground lease coupled with improvements of any single-family residential property. (b) For purposes of this article, the definitions contained in Chapter 1 (commencing with Section 10000) of Part 1 of Division 4 of the Business and Professions Code shall apply. (c) Any waiver of the requirements of this article is void as against public policy. (Amended by Stats. 2019, Ch. 310, Sec. 3. (AB 892) Effective January 1, 2020.)
  74. 1102.1.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.5. Disclosures Upon Transfer of Residential Property [1102 - 1102.19] ( Article 1.5 added by Stats. 1985, Ch. 1574, Sec. 2. )

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    This section says the Legislature’s intent is to clarify how residential property disclosure statements are used, including for manufactured home and mobilehome transfers.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.5. Disclosures Upon Transfer of Residential Property [1102 - 1102.19] ( Article 1.5 added by Stats. 1985, Ch. 1574, Sec. 2. ) ## 1102.1. (a) In enacting Chapter 817 of the Statutes of 1994, it was the intent of the Legislature to clarify and facilitate the use of the real estate disclosure statement, as specified in Section 1102.6. The Legislature intended the statement to be used by transferors making disclosures required under this article and by agents making disclosures required by Section 2079 on the agent’s portion of the real estate disclosure statement, in transfers subject to this article. In transfers not subject to this article, agents may make required disclosures in a separate writing. The Legislature did not intend to affect the existing obligations of the parties to a real estate contract, or their agents, to disclose any fact materially affecting the value and desirability of the property, including, but not limited to, the physical conditions of the property and previously received reports of physical inspections noted on the disclosure form set forth in Section 1102.6 or 1102.6a, and that nothing in this article shall be construed to change the duty of a real estate broker or salesperson pursuant to Section 2079. It is also the intent of the Legislature that the delivery of a real estate transfer disclosure statement may not be waived in an “as is” sale, as held in Loughrin v. Superior Court (1993) 15 Cal. App. 4th 1188. (b) In enacting Chapter 677 of the Statutes of 1996, it was the intent of the Legislature to clarify and facilitate the use of the manufactured home and mobilehome transfer disclosure statement applicable to the resale of a manufactured home or mobilehome pursuant to subdivision (b) of Section 1102. The Legislature intended the statements to be used by transferors making disclosures required under this article and by agents making disclosures required by Section 2079 on the agent’s portion of the disclosure statement and as required by Section 18046 of the Health and Safety Code on the dealer’s portion of the manufactured home and mobilehome transfer disclosure statement, in transfers subject to this article. In transfers not subject to this article, agents may make required disclosures in a separate writing. The Legislature did not intend to affect the existing obligations of the parties to a real estate contract, or their agents, to disclose any fact materially affecting the value and desirability of the property, including, but not limited to, the physical conditions of the property and previously received reports of physical inspections noted on the disclosure form set forth in Section 1102.6 or 1102.6a or to affect the existing obligations of the parties to a manufactured home or mobilehome purchase contract, and nothing in this article shall be construed to change the duty of a real estate broker or salesperson pursuant to Section 2079 or the duty of a manufactured home or mobilehome dealer or salesperson pursuant to Section 18046 of the Health and Safety Code. It is also the intent of the Legislature that the delivery of a mobilehome transfer disclosure statement may not be waived in an “as is” sale. (c) It is the intent of the Legislature that manufactured home and mobilehome dealers and salespersons and real estate brokers and salespersons use the form provided pursuant to Section 1102.6d. It is also the intent of the Legislature for sellers of manufactured homes or mobilehomes who are neither manufactured home dealers or salespersons nor real estate brokers or salespersons to use the Manufactured Home/Mobilehome Transfer Disclosure Statement contained in Section 1102.6d. (d) Nothing in Assembly Bill 1289 of the 2017–18 Regular Session or Assembly Bill 2884 of the 2017–18 Regular Session shall be construed to affect any of the following: (1) A real estate broker’s duties under existing statutory or common law as an agent of a person who retains that broker to perform acts for which a license is required under this division. (2) Any fiduciary duties owed by a real estate broker to a person who retains that broker to perform acts for which a license is required under this division. (3) Any duty of disclosure or any other duties or obligations of a real estate broker, which arise under this division or other existing, applicable California law, including common law. (4) Any duties or obligations of a salesperson or a broker associate, which arise under this division or existing, applicable California law, including common law, and duties and obligations to the salesperson’s or broker associate’s responsible broker. (5) A responsible broker’s duty of supervision and oversight for the acts of retained salespersons or broker associates, which arise under this division or other existing, applicable California law, including common law. For purposes of this subdivision, references to “existing statutory law” and “existing, applicable California law” refer to the law as it read immediately prior to enactment of Assembly Bill 1289 of the 2017–18 Regular Session and Assembly Bill 2884 of the 2017–18 Regular Session. (Amended by Stats. 2018, Ch. 907, Sec. 8. (AB 1289) Effective January 1, 2019.)
  75. 1102.10.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.5. Disclosures Upon Transfer of Residential Property [1102 - 1102.19] ( Article 1.5 added by Stats. 1985, Ch. 1574, Sec. 2. )

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    Disclosures under this article must be delivered personally to the transferee or by mail to the prospective transferee.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.5. Disclosures Upon Transfer of Residential Property [1102 - 1102.19] ( Article 1.5 added by Stats. 1985, Ch. 1574, Sec. 2. ) ## 1102.10. Delivery of disclosures required by this article shall be by personal delivery to the tranferee or by mail to the prospective transferee. For the purposes of this article, delivery to the spouse of a transferee shall be deemed delivery to the transferee, unless provided otherwise by contract. (Added by Stats. 1985, Ch. 1574, Sec. 2. Operative January 1, 1987, by Sec. 3 of Ch. 1574.)
  76. 1102.11.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.5. Disclosures Upon Transfer of Residential Property [1102 - 1102.19] ( Article 1.5 added by Stats. 1985, Ch. 1574, Sec. 2. )

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    An escrow agent for a residential real property transfer is generally not treated as the buyer’s or seller’s agent for disclosure purposes unless there is an express written agreement.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.5. Disclosures Upon Transfer of Residential Property [1102 - 1102.19] ( Article 1.5 added by Stats. 1985, Ch. 1574, Sec. 2. ) ## 1102.11. Any person or entity, other than a real estate licensee licensed pursuant to Part 1 (commencing with Section 10000) of Division 4 of the Business and Professions Code, acting in the capacity of an escrow agent for the transfer of real property subject to this article shall not be deemed the agent of the transferor or transferee for purposes of the disclosure requirements of this article, unless the person or entity is empowered to so act by an express written agreement to that effect. The extent of such an agency shall be governed by the written agreement. (Added by Stats. 1985, Ch. 1574, Sec. 2. Operative January 1, 1987, by Sec. 3 of Ch. 1574.)
  77. 1102.12.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.5. Disclosures Upon Transfer of Residential Property [1102 - 1102.19] ( Article 1.5 added by Stats. 1985, Ch. 1574, Sec. 2. )

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    When more than one licensed real estate broker is involved, the broker who obtained the transferee’s offer must deliver the required disclosure unless the transferor gives different written instructions.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.5. Disclosures Upon Transfer of Residential Property [1102 - 1102.19] ( Article 1.5 added by Stats. 1985, Ch. 1574, Sec. 2. ) ## 1102.12. (a) If more than one licensed real estate broker is acting as an agent in a transaction subject to this article, the broker who has obtained the offer made by the transferee shall, except as otherwise provided in this article, deliver the disclosure required by this article to the transferee, unless the transferor has given other written instructions for delivery. (b) If a licensed real estate broker responsible for delivering the disclosures under this section cannot obtain the disclosure document required and does not have written assurance from the transferee that the disclosure has been received, the broker shall advise the transferee in writing of his or her rights to the disclosure. A licensed real estate broker responsible for delivering disclosures under this section shall maintain a record of the action taken to effect compliance in accordance with Section 10148 of the Business and Professions Code. (Amended by Stats. 1986, Ch. 460, Sec. 6.)
  78. 1102.13.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.5. Disclosures Upon Transfer of Residential Property [1102 - 1102.19] ( Article 1.5 added by Stats. 1985, Ch. 1574, Sec. 2. )

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    A residential property transfer is not invalid just because someone failed to comply with this article, but a person who willfully or negligently violates a duty under it can be liable for the transferee’s actual damages.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.5. Disclosures Upon Transfer of Residential Property [1102 - 1102.19] ( Article 1.5 added by Stats. 1985, Ch. 1574, Sec. 2. ) ## 1102.13. No transfer subject to this article shall be invalidated solely because of the failure of any person to comply with any provision of this article. However, any person who willfully or negligently violates or fails to perform any duty prescribed by any provision of this article shall be liable in the amount of actual damages suffered by a transferee. (Added by Stats. 1985, Ch. 1574, Sec. 2. Operative January 1, 1987, by Sec. 3 of Ch. 1574.)
  79. 1102.15.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.5. Disclosures Upon Transfer of Residential Property [1102 - 1102.19] ( Article 1.5 added by Stats. 1985, Ch. 1574, Sec. 2. )

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    A seller of residential real property who knows about former federal or state ordnance locations in the neighborhood must give written notice before the title transfer, as soon as practicable.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.5. Disclosures Upon Transfer of Residential Property [1102 - 1102.19] ( Article 1.5 added by Stats. 1985, Ch. 1574, Sec. 2. ) ## 1102.15. The seller of residential real property subject to this article who has actual knowledge of any former federal or state ordnance locations within the neighborhood area shall give written notice of that knowledge as soon as practicable before transfer of title. For purposes of this section, “former federal or state ordnance locations” means an area identified by an agency or instrumentality of the federal or state government as an area once used for military training purposes which may contain potentially explosive munitions. “Neighborhood area” means within one mile of the residential real property. The disclosure required by this section does not limit or abridge any obligation for disclosure created by any other law or that may exist in order to avoid fraud, misrepresentation, or deceit in the transfer transaction. (Added by Stats. 1989, Ch. 294, Sec. 1.)
  80. 1102.155.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.5. Disclosures Upon Transfer of Residential Property [1102 - 1102.19] ( Article 1.5 added by Stats. 1985, Ch. 1574, Sec. 2. )

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    A seller of covered single-family residential property must make a written disclosure about water-conserving plumbing fixture requirements and identify any noncompliant fixtures.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.5. Disclosures Upon Transfer of Residential Property [1102 - 1102.19] ( Article 1.5 added by Stats. 1985, Ch. 1574, Sec. 2. ) ## 1102.155. (a) (1) The seller of single-family residential real property subject to this article shall disclose, in writing, that Section 1101.4 requires that California single-family residences be equipped with water-conserving plumbing fixtures on or after January 1, 2017, and shall disclose whether the property includes any noncompliant plumbing fixtures as defined in subdivision (c) of Section 1101.3. (2) The seller shall affirm that this representation is that of the seller and not a representation of any agent, and that this disclosure is not intended to be part of any contract between the buyer and the seller. The seller shall further affirm that this disclosure is not a warranty of any kind by the seller or any agent representing any principal in the transaction and is not a substitute for any inspections or warranties that any principal may wish to obtain. (b) This section shall become operative on January 1, 2017. (Amended by Stats. 2018, Ch. 907, Sec. 18. (AB 1289) Effective January 1, 2019.)
  81. 1102.156.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.5. Disclosures Upon Transfer of Residential Property [1102 - 1102.19] ( Article 1.5 added by Stats. 1985, Ch. 1574, Sec. 2. )

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    Some sellers of real property must give the buyer a disclosure statement about a domestic water storage tank, starting January 1, 2025.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.5. Disclosures Upon Transfer of Residential Property [1102 - 1102.19] ( Article 1.5 added by Stats. 1985, Ch. 1574, Sec. 2. ) ## 1102.156. On or after January 1, 2025, in addition to any other disclosure required pursuant to this article, a seller of any real property who received domestic water storage tank assistance pursuant to Section 13194 of the Water Code, or is aware the real property received such assistance and the real property currently still has the domestic water storage tank, shall deliver to the prospective buyer a disclosure statement that includes all of the following information in substantially the following form: (a) This property has a domestic water storage tank provided by a county, community water system, local public agency, or nonprofit organization, pursuant to Section 13194 of the Water Code. (b) The domestic water storage tank was made available to households that had a private water well that had gone dry, or had been destroyed due to drought, wildfire, other natural disasters, or was otherwise nonfunctioning. (c) The domestic water storage tank provided pursuant to Section 13194 of the Water Code might not convey with the real property. (d) Due to the water well issues that led to this property obtaining assistance pursuant to Section 13194 of the Water Code, the buyer is advised to have an inspection of the water well and to have a professional evaluate the availability of water to the property to ensure it suits the purposes for which the buyer is purchasing the property. (Added by Stats. 2024, Ch. 21, Sec. 1. (SB 1366) Effective January 1, 2025.)
  82. 1102.16.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.5. Disclosures Upon Transfer of Residential Property [1102 - 1102.19] ( Article 1.5 added by Stats. 1985, Ch. 1574, Sec. 2. )

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    A disclosure about any window security bars and any safety release mechanism on those bars must be made under Civil Code Section 1102.6 or 1102.6a.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.5. Disclosures Upon Transfer of Residential Property [1102 - 1102.19] ( Article 1.5 added by Stats. 1985, Ch. 1574, Sec. 2. ) ## 1102.16. The disclosure of the existence of any window security bars and any safety release mechanism on those window security bars shall be made pursuant to Section 1102.6 or 1102.6a of the Civil Code. (Amended by Stats. 2004, Ch. 183, Sec. 26. Effective January 1, 2005.)
  83. 1102.17.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.5. Disclosures Upon Transfer of Residential Property [1102 - 1102.19] ( Article 1.5 added by Stats. 1985, Ch. 1574, Sec. 2. )

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    A seller of residential property with actual knowledge of certain nearby industrial-use conditions must give written notice before title transfers.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.5. Disclosures Upon Transfer of Residential Property [1102 - 1102.19] ( Article 1.5 added by Stats. 1985, Ch. 1574, Sec. 2. ) ## 1102.17. The seller of residential real property subject to this article who has actual knowledge that the property is adjacent to, or zoned to allow, an industrial use described in Section 731a of the Code of Civil Procedure, or affected by a nuisance created by such a use, shall give written notice of that knowledge as soon as practicable before transfer of title. (Amended by Stats. 2004, Ch. 66, Sec. 2. Effective January 1, 2005.)
  84. 1102.18.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.5. Disclosures Upon Transfer of Residential Property [1102 - 1102.19] ( Article 1.5 added by Stats. 1985, Ch. 1574, Sec. 2. )

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    Subdivision (d) of Section 1102.1 applies to this article.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.5. Disclosures Upon Transfer of Residential Property [1102 - 1102.19] ( Article 1.5 added by Stats. 1985, Ch. 1574, Sec. 2. ) ## 1102.18. The provisions of subdivision (d) of Section 1102.1 shall apply to this article. (Added by Stats. 2018, Ch. 907, Sec. 19. (AB 1289) Effective January 1, 2019.)
  85. 1102.19.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.5. Disclosures Upon Transfer of Residential Property [1102 - 1102.19] ( Article 1.5 added by Stats. 1985, Ch. 1574, Sec. 2. )

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    In certain fire-hazard zones, the seller must give the buyer compliance documentation, and if the seller lacks it, the buyer and seller must make a written agreement for the buyer to get it.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.5. Disclosures Upon Transfer of Residential Property [1102 - 1102.19] ( Article 1.5 added by Stats. 1985, Ch. 1574, Sec. 2. ) ## 1102.19. (a) On and after July 1, 2021, a seller of a real property subject to this article that is located in a high or very high fire hazard severity zone, as identified by the Director of Forestry and Fire Protection pursuant to Section 51178 of the Government Code or Article 9 (commencing with Section 4201) of Chapter 1 of Part 2 of Division 4 of the Public Resources Code, shall provide to the buyer documentation stating that the property is in compliance with Section 4291 of the Public Resources Code or local vegetation management ordinances, as follows: (1) In a local jurisdiction that has enacted an ordinance requiring an owner of real property to obtain documentation that the property is in compliance with Section 4291 of the Public Resources Code or a local vegetation management ordinance, the seller shall provide the buyer with a copy of the documentation that complies with the requirements of that local ordinance and information on the local agency from which a copy of that documentation may be obtained. (2) In a local jurisdiction that has not enacted an ordinance for an owner of real property to obtain documentation that a property is in compliance with Section 4291 of the Public Resources Code or a local vegetation management ordinance, and if a state or local agency, or other government entity, or other qualified nonprofit entity, provides an inspection with documentation for the jurisdiction in which the property is located, the seller shall provide the buyer with the documentation obtained in the six-month period preceding the date the seller enters into a transaction to sell that real property and provide information on the local agency from which a copy of that documentation may be obtained. (b) On and after July 1, 2021, if the seller of a real property described in subdivision (a) has not obtained documentation of compliance in accordance with paragraph (1) or (2) of subdivision (a), the seller and the buyer shall enter into a written agreement pursuant to which the buyer agrees to obtain documentation of compliance with Section 4291 of the Public Resources Code or a local vegetation management ordinance as follows: (1) In a local jurisdiction that has enacted an ordinance requiring an owner or buyer to obtain documentation of compliance with Section 4291 of the Public Resources Code or a local vegetation management ordinance, the buyer shall comply with that ordinance. (2) In a local jurisdiction that has not enacted an ordinance requiring an owner or buyer to obtain documentation of compliance, and if a state or local agency, or other government entity, or other qualified nonprofit entity, provides an inspection with documentation for the jurisdiction in which the property is located, the buyer shall obtain documentation of compliance within one year of the date of the close of escrow. (c) Nothing in this section, including the existence of an agreement between a buyer and seller pursuant to subdivision (b), shall limit the ability of a state or local agency to enforce defensible space requirements pursuant to Section 51182 of the Government Code, Section 4291 of the Public Resources Code, or other applicable statutes, regulations, and local ordinances. (Amended by Stats. 2020, Ch. 36, Sec. 12. (AB 3364) Effective January 1, 2021.)
  86. 1102.2.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.5. Disclosures Upon Transfer of Residential Property [1102 - 1102.19] ( Article 1.5 added by Stats. 1985, Ch. 1574, Sec. 2. )

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    This section says Article 1.5 on residential property disclosures does not apply to listed kinds of sales, transfers, and some leases.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.5. Disclosures Upon Transfer of Residential Property [1102 - 1102.19] ( Article 1.5 added by Stats. 1985, Ch. 1574, Sec. 2. ) ## 1102.2. This article does not apply to the following: (a) Sales or transfers that are required to be preceded by the furnishing to a prospective buyer of a copy of a public report pursuant to Section 11018.1 of the Business and Professions Code and transfers that can be made without a public report pursuant to Section 11010.4 of the Business and Professions Code. (b) Sales or transfers pursuant to court order, including, but not limited to, sales ordered by a probate court in the administration of an estate, sales pursuant to a writ of execution, sales by any foreclosure sale, transfers by a trustee in bankruptcy, sales by eminent domain, and sales resulting from a decree for specific performance. (c) Sales or transfers to a mortgagee by a mortgagor or successor in interest who is in default, sales to a beneficiary of a deed of trust by a trustor or successor in interest who is in default, any foreclosure sale after default, any foreclosure sale after default in an obligation secured by a mortgage, a sale under a power of sale or any foreclosure sale under a decree of foreclosure after default in an obligation secured by a deed of trust or secured by any other instrument containing a power of sale, sales by a mortgagee or a beneficiary under a deed of trust who has acquired the real property at a sale conducted pursuant to a power of sale under a mortgage or deed of trust or a sale pursuant to a decree of foreclosure or has acquired the real property by a deed in lieu of foreclosure, sales to the legal owner or lienholder of a manufactured home or mobilehome by a registered owner or successor in interest who is in default, or sales by reason of any foreclosure of a security interest in a manufactured home or mobilehome. (d) Sales or transfers by a fiduciary in the course of the administration of a trust, guardianship, conservatorship, or decedent’s estate. This exemption shall not apply to a sale if the trustee is a natural person who is a trustee of a revocable trust and is a former owner of the property or was an occupant in possession of the property within the preceding year. (e) Sales or transfers from one coowner to one or more other coowners. (f) Sales or transfers made to a spouse, or to a person or persons in the line of consanguinity of one or more of the transferors. (g) Sales or transfers between spouses resulting from a judgment of dissolution of marriage or of legal separation or from a property settlement agreement incidental to that judgment. (h) Sales or transfers by the Controller in the course of administering Chapter 7 (commencing with Section 1500) of Title 10 of Part 3 of the Code of Civil Procedure. (i) Sales or transfers under Chapter 7 (commencing with Section 3691) or Chapter 8 (commencing with Section 3771) of Part 6 of Division 1 of the Revenue and Taxation Code. (j) Sales or transfers or exchanges to or from any governmental entity. (k) Sales or transfers of any portion of a property not constituting single-family residential property. (l) The sale, creation, or transfer of any lease of any duration with the exception of a lease with an option to purchase or a ground lease coupled with improvements. (m) Notwithstanding the definition of sale in Section 10018.10 of the Business and Professions Code and Section 2079.13, the terms “sale” and “transfer,” as they are used in this section, shall have their commonly understood meanings. The changes made to this section by Assembly Bill 1289 of the 2017–18 Legislative Session shall not be interpreted to change the application of the law as it read prior to January 1, 2019. (Amended by Stats. 2020, Ch. 370, Sec. 24. (SB 1371) Effective January 1, 2021.)
  87. 1102.3.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.5. Disclosures Upon Transfer of Residential Property [1102 - 1102.19] ( Article 1.5 added by Stats. 1985, Ch. 1574, Sec. 2. )

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    Sellers of certain single-family residential property must give the buyer the completed disclosure statement on time, and the seller must note compliance on the transaction documents. If disclosures are delivered late, the buyer gets a short right to cancel the offer.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.5. Disclosures Upon Transfer of Residential Property [1102 - 1102.19] ( Article 1.5 added by Stats. 1985, Ch. 1574, Sec. 2. ) ## 1102.3. The seller of any single-family real property subject to this article shall deliver to the prospective buyer the completed written statement required by this article, as follows: (a) In the case of a sale, as soon as practicable before transfer of title. (b) In the case of sale by a real property sales contract, as defined in Section 2985, or by a lease together with an option to purchase, or a ground lease coupled with improvements, as soon as practicable before execution of the contract. For the purpose of this subdivision, “execution” means the making or acceptance of an offer. (c) With respect to any sale subject to subdivision (a) or (b), the seller shall indicate compliance with this article on the real property sales contract, the lease, or any addendum attached thereto or on a separate document. If any disclosure, or any material amendment of any disclosure, required to be made by this article, is delivered after the execution of an offer to purchase, the prospective buyer shall have three days after delivery in person, five days after delivery by deposit in the mail, or five days after delivery of an electronic record in transactions where the parties have agreed to conduct the transaction by electronic means, pursuant to provisions of the Uniform Electronic Transactions Act (Title 2.5 (commencing with Section 1633.1) of Part 2 of Division 3), to terminate the offer by delivery of a written notice of termination to the seller or the seller’s agent. The period of time the prospective buyer has in which to terminate the offer commences when Sections I and II, and, if the seller is represented by an agent in the transaction, then also Section III, in the form described in Section 1102.6, are completed and delivered to the buyer or buyer’s agent. A real estate agent may complete their own portion of the required disclosure by providing all of the information on the agent’s inspection disclosure set forth in Section 1102.6. (Amended by Stats. 2019, Ch. 310, Sec. 5. (AB 892) Effective January 1, 2020.)
  88. 1102.3a

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.5. Disclosures Upon Transfer of Residential Property [1102 - 1102.19] ( Article 1.5 added by Stats. 1985, Ch. 1574, Sec. 2. )

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    The transferor of a manufactured home or mobilehome must deliver the required written disclosure to the buyer and state compliance with the article; if required disclosures are delivered late, the buyer may terminate the offer within the stated time limits.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.5. Disclosures Upon Transfer of Residential Property [1102 - 1102.19] ( Article 1.5 added by Stats. 1985, Ch. 1574, Sec. 2. ) ## 1102.3a. (a) The transferor of any manufactured home or mobilehome subject to this article shall deliver to the prospective transferee the written statement required by this article, as follows: (1) In the case of a sale, or a lease with an option to purchase, of a manufactured home or mobilehome, involving an agent, as defined in Section 18046 of the Health and Safety Code, as soon as practicable, but no later than the close of escrow for the purchase of the manufactured home or mobilehome. (2) In the case of a sale, or lease with an option to purchase, of a manufactured home or mobilehome, not involving an agent, as defined in Section 18046 of the Health and Safety Code, at the time of execution of any document by the prospective transferee with the transferor for the purchase of the manufactured home or mobilehome. (b) With respect to any transfer subject to this section, the transferor shall indicate compliance with this article either on the transfer disclosure statement, any addendum thereto, or on a separate document. (c) If any disclosure, or any material amendment of any disclosure, required to be made pursuant to subdivision (b) of Section 1102, is delivered after the execution of an offer to purchase, the transferee shall have three days after delivery in person or five days after delivery by deposit in the mail, to terminate his or her offer by delivery of a written notice of termination to the transferor. (Added by Stats. 1999, Ch. 517, Sec. 5. Effective January 1, 2000.)
  89. 1102.4.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.5. Disclosures Upon Transfer of Residential Property [1102 - 1102.19] ( Article 1.5 added by Stats. 1985, Ch. 1574, Sec. 2. )

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    This section limits liability for disclosure errors or omissions in residential property transfers when the seller or agents lacked personal knowledge, relied on timely information from public sources or other specified providers, and used ordinary care.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.5. Disclosures Upon Transfer of Residential Property [1102 - 1102.19] ( Article 1.5 added by Stats. 1985, Ch. 1574, Sec. 2. ) ## 1102.4. (a) Neither the seller nor any seller’s agent or buyer’s agent shall be liable for any error, inaccuracy, or omission of any information delivered pursuant to this article if the error, inaccuracy, or omission was not within the personal knowledge of the seller or that listing or buyer’s agent, was based on information timely provided by public agencies or by other persons providing information as specified in subdivision (c) that is required to be disclosed pursuant to this article, and ordinary care was exercised in obtaining and transmitting it. (b) The delivery of any information required to be disclosed by this article to a prospective buyer by a public agency or other person providing information required to be disclosed pursuant to this article shall be deemed to comply with the requirements of this article and shall relieve the seller or any listing or buyer’s agent of any further duty under this article with respect to that item of information. (c) The delivery of a report or opinion prepared by a licensed engineer, land surveyor, geologist, structural pest control operator, contractor, a C-39 roofing contractor conducting a roof inspection pursuant to subdivision (d) of Section 7197 of the Business and Professions Code, or other expert, dealing with matters within the scope of the professional’s license or expertise, shall be sufficient compliance for application of the exemption provided by subdivision (a) if the information is provided to the prospective buyer pursuant to a request therefor, whether written or oral. In responding to such a request, an expert may indicate, in writing, an understanding that the information provided will be used in fulfilling the requirements of Section 1102.6 and, if so, shall indicate the required disclosures, or parts thereof, to which the information being furnished is applicable. Where such a statement is furnished, the expert shall not be responsible for any items of information or parts thereof, other than those expressly set forth in the statement. (Amended by Stats. 2018, Ch. 907, Sec. 11. (AB 1289) Effective January 1, 2019.)
  90. 1102.5.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.5. Disclosures Upon Transfer of Residential Property [1102 - 1102.19] ( Article 1.5 added by Stats. 1985, Ch. 1574, Sec. 2. )

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    If required disclosure information later becomes inaccurate because of something that happens after delivery, that inaccuracy is not a violation. A seller may use a clearly identified, reasonable approximation when required information is unknown or unavailable, if the seller or agent made a reasonable effort to find it. Later amendments do not change the contract’s disclosure requirements unless another statute says otherwise.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.5. Disclosures Upon Transfer of Residential Property [1102 - 1102.19] ( Article 1.5 added by Stats. 1985, Ch. 1574, Sec. 2. ) ## 1102.5. (a) If information disclosed in accordance with this article is subsequently rendered inaccurate as a result of any act, occurrence, or agreement subsequent to the delivery of the required disclosures, any inaccuracy resulting therefrom does not constitute a violation of this article. If at the time the disclosures are required to be made, an item of information required to be disclosed is unknown or not available to the seller, and the seller or the seller’s agent has made a reasonable effort to ascertain it, the seller may use an approximation of the information, provided the approximation is clearly identified as such, is reasonable, is based on the best information reasonably available to the seller or the seller’s agent, and is not used for the purpose of circumventing or evading this article. (b) The requirements of this article in effect on the date that all of the parties enter into a contract or agreement subject to this article are the requirements that shall apply to that contract or agreement. An amendment to this article that becomes effective after that date does not alter the requirements under this article that shall apply to that contract or agreement, unless the applicable statute provides otherwise. (Amended by Stats. 2022, Ch. 420, Sec. 9. (AB 2960) Effective January 1, 2023.)
  91. 1102.6.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.5. Disclosures Upon Transfer of Residential Property [1102 - 1102.19] ( Article 1.5 added by Stats. 1985, Ch. 1574, Sec. 2. )

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    The required disclosures for a proposed residential property transfer must be made on the specified disclosure form.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.5. Disclosures Upon Transfer of Residential Property [1102 - 1102.19] ( Article 1.5 added by Stats. 1985, Ch. 1574, Sec. 2. ) ## 1102.6. (a) The disclosures required by this article pertaining to the property proposed to be transferred are set forth in, and shall be made on a copy of, the following disclosure form: * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * NOTICE OF INCOMPLETE TEXT: The Real Estate Transfer Disclosure Statement appears in the published bill. See Sec. 25, Chapter 370 (pp. 34–38), Statutes of 2020. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * (b) The amendments to this section by the act adding this subdivision shall become operative on July 1, 2014. (Amended by Stats. 2020, Ch. 370, Sec. 25. (SB 1371) Effective January 1, 2021. Note: See published chaptered bill for complete section text. The Real Estate Transfer Disclosure Statement appears on pages 34 to 38 of Ch. 370.)
  92. 1102.6a

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.5. Disclosures Upon Transfer of Residential Property [1102 - 1102.19] ( Article 1.5 added by Stats. 1985, Ch. 1574, Sec. 2. )

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    Cities and counties may choose to require additional residential property disclosures, and certain airport-related disclosure content is required when they adopt local forms.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.5. Disclosures Upon Transfer of Residential Property [1102 - 1102.19] ( Article 1.5 added by Stats. 1985, Ch. 1574, Sec. 2. ) ## 1102.6a. (a) On and after July 1, 1990, any city or county may elect to require disclosures on the form set forth in subdivision (b) in addition to those disclosures required by Section 1102.6. However, this section does not affect or limit the authority of a city or county to require disclosures on a different disclosure form in connection with transactions subject to this article pursuant to an ordinance adopted prior to July 1, 1990. An ordinance like this adopted prior to July 1, 1990, may be amended thereafter to revise the disclosure requirements of the ordinance, in the discretion of the city council or county board of supervisors. (b) Disclosures required pursuant to this section pertaining to the property proposed to be sold, shall be set forth in, and shall be made on a copy of, the following disclosure form: * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * NOTICE OF INCOMPLETE TEXT: The Local Option Real Estate Transfer Disclosure Statement appears in the published bill. See Sec. 13, Chapter 907 (pp. 9–10), Statutes of 2018. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * (c) This section does not preclude the use of addenda to the form specified in subdivision (b) to facilitate the required disclosures. This section does not preclude a city or county from using the disclosure form specified in subdivision (b) for a purpose other than that specified in this section. (d) (1) On and after January 1, 2005, if a city or county adopts a different or additional disclosure form pursuant to this section regarding the proximity or effects of an airport, the statement in that form shall contain, at a minimum, the information in the statement “Notice of Airport in Vicinity” found in Section 11010 of the Business and Professions Code, or Section 1103.4 or 4255. (2) On and after January 1, 2006, if a city or county does not adopt a different or additional disclosure form pursuant to this section, then the provision of an “airport influence area” disclosure pursuant to Section 11010 of the Business and Professions Code, or Section 1103.4 or 4255, or if there is not a current airport influence map, a written disclosure of an airport within two statute miles, shall be deemed to satisfy any city or county requirements for the disclosure of airports in connection with sales of real property. (Amended by Stats. 2018, Ch. 907, Sec. 13. (AB 1289) Effective January 1, 2019. Note: See published chaptered bill for complete section text. The Local Option Real Estate Transfer Disclosure Statement appears on pages 9 to 10 of Ch. 907.)
  93. 1102.6b

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.5. Disclosures Upon Transfer of Residential Property [1102 - 1102.19] ( Article 1.5 added by Stats. 1985, Ch. 1574, Sec. 2. )

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    Sellers of certain real property must try to get the required tax or assessment disclosure notice and give it to the buyer.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.5. Disclosures Upon Transfer of Residential Property [1102 - 1102.19] ( Article 1.5 added by Stats. 1985, Ch. 1574, Sec. 2. ) ## 1102.6b. (a) This section applies to all sales of real property for which all of the following apply: (1) The sale is subject to this article. (2) The property being sold is subject to a continuing lien securing the levy of special taxes pursuant to the Mello-Roos Community Facilities Act (Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code), to a fixed lien assessment collected in installments to secure bonds issued pursuant to the Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500) of the Streets and Highways Code), or to a contractual assessment program authorized pursuant to Chapter 29 (commencing with Section 5898.10) of Part 3 of Division 7 of the Streets and Highway Code. (3) A notice is not required pursuant to Section 53341.5 of the Government Code. (b) In addition to any other disclosure required pursuant to this article, the seller of any real property subject to this section shall make a good faith effort to obtain a disclosure notice concerning the special tax as provided for in Section 53340.2 of the Government Code, or a disclosure notice concerning an assessment installment as provided in Section 53754 of the Government Code, from each local agency that levies a special tax pursuant to the Mello-Roos Community Facilities Act, or that collects assessment installments to secure bonds issued pursuant to the Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500) of the Streets and Highways Code), or a disclosure notice concerning the contractual assessment as provided in Section 5898.24 of the Streets and Highways Code, on the property being sold, and shall deliver that notice or those notices to the prospective buyer, as long as the notices are made available by the local agency. (c) (1) The seller of real property subject to this section may satisfy the disclosure notice requirements in regard to the bonds issued pursuant to the Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500) of the Streets and Highways Code) by delivering a disclosure notice that is substantially equivalent and obtained from another source until December 31, 2004. (2) The seller of real property subject to this section may satisfy the disclosure notice requirements in regard to the assessments collected under the contractual assessment program authorized pursuant to Chapter 29 (commencing with Section 5898.10) of Part 3 of Division 7 of the Streets and Highway Code by delivering a disclosure notice that is substantially equivalent and obtained from another source. (3) For the purposes of this section, a substantially equivalent disclosure notice includes, but is not limited to, a copy of the most recent year’s property tax bill or an itemization of current assessment amounts applicable to the property. (d) (1) Notwithstanding subdivision (c), the seller of real property subject to this section may satisfy the disclosure notice requirements of this section by delivering a disclosure notice obtained from a nongovernmental source that satisfies the requirements of paragraph (2). (2) A notice provided by a private entity other than a designated office, department, or bureau of the levying entity may be modified as needed to clearly and accurately describe a special tax pursuant to the Mello-Roos Community Facilities Act levied against the property or to clearly and accurately consolidate information about two or more districts that levy or are authorized to levy a special tax pursuant to the Mello-Roos Community Facilities Act against the property, and shall include the name of the Mello-Roos entity levying taxes against the property, the annual tax due for the Mello-Roos entity for the current tax year, the maximum tax that may be levied against the property in any year, the percentage by which the maximum tax for the Mello-Roos entity may increase per year, and the date until the tax may be levied against the property for the Mello-Roos entity and a contact telephone number, if available, for further information about the Mello-Roos entity. A notice provided by a private entity other than a designated office, department, or bureau of the levying entity may be modified as needed to clearly and accurately describe special assessments and bonds pursuant to the Improvement Bond Act of 1915 levied against the property, or to clearly and accurately consolidate information about two or more districts that levy or are authorized to levy special assessments and bonds pursuant to the Improvement Bond Act of 1915 against the property, and shall include the name of the special assessments and bonds issued pursuant to the Improvement Bond Act of 1915, the current annual tax on the property for the special assessments and bonds issued pursuant to the Improvement Bond Act of 1915 and a contact telephone number, if available, for further information about the special assessments and bonds issued pursuant to the Improvement Bond Act of 1915. (3) This section does not change the ability to make disclosures pursuant to Section 1102.4 of the Civil Code. (e) If a disclosure received pursuant to subdivision (b), (c), or (d) has been delivered to the buyer, a seller or his or her agent is not required to provide additional information concerning, and information in the disclosure shall be deemed to satisfy the responsibility of the seller or his or her agent to inform the buyer regarding the special tax or assessment installments and the district. Notwithstanding subdivision (b), (c), or (d), nothing in this section imposes a duty to discover a special tax or assessment installments or the existence of any levying district not actually known to the agents. (Amended by Stats. 2018, Ch. 907, Sec. 14. (AB 1289) Effective January 1, 2019.)
  94. 1102.6c

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.5. Disclosures Upon Transfer of Residential Property [1102 - 1102.19] ( Article 1.5 added by Stats. 1985, Ch. 1574, Sec. 2. )

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    A seller of residential real property, or the seller’s agent, must give the buyer a disclosure notice about supplemental property tax bills, and the notice must include a prescribed notice and title.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.5. Disclosures Upon Transfer of Residential Property [1102 - 1102.19] ( Article 1.5 added by Stats. 1985, Ch. 1574, Sec. 2. ) ## 1102.6c. (a) In addition to any other disclosure required pursuant to this article, it shall be the sole responsibility of the seller of any real property subject to this article, or his or her agent, to deliver to the prospective buyer a disclosure notice that includes both of the following: (1) A notice, in at least 12-point type or a contrasting color, as follows: “California property tax law requires the Assessor to revalue real property at the time the ownership of the property changes. Because of this law, you may receive one or two supplemental tax bills, depending on when your loan closes. The supplemental tax bills are not mailed to your lender. If you have arranged for your property tax payments to be paid through an impound account, the supplemental tax bills will not be paid by your lender. It is your responsibility to pay these supplemental bills directly to the tax collector. If you have any question concerning this matter, please call your local tax collector’s office.” (2) A title, in at least 14-point type or a contrasting color, that reads as follows: “Notice of Your ’Supplemental’ Property Tax Bill.” (b) The disclosure notice requirements of this section may be satisfied by delivering a disclosure notice pursuant to Section 1102.6b that satisfies the requirements of subdivision (a). (Amended by Stats. 2018, Ch. 907, Sec. 15. (AB 1289) Effective January 1, 2019.)
  95. 1102.6d

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.5. Disclosures Upon Transfer of Residential Property [1102 - 1102.19] ( Article 1.5 added by Stats. 1985, Ch. 1574, Sec. 2. )

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    For most manufactured home or mobilehome resales, the required disclosures must be made on the specified disclosure form; a common-interest-development exception is stated.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.5. Disclosures Upon Transfer of Residential Property [1102 - 1102.19] ( Article 1.5 added by Stats. 1985, Ch. 1574, Sec. 2. ) ## 1102.6d. Except for manufactured homes and mobilehomes located in a common interest development governed by Part 5 (commencing with Section 4000) of Division 4, the disclosures applicable to the resale of a manufactured home or mobilehome pursuant to subdivision (b) of Section 1102 are set forth in, and shall be made on a copy of, the following disclosure form: * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * NOTICE OF INCOMPLETE TEXT: The Manufactured Home and Mobilehome Transfer Disclosure Statement is in the hard-copy publication of the chaptered bill. See Sec. 34, Chapter 181 (pp. 29–33), Statutes of 2012. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * (Amended by Stats. 2012, Ch. 181, Sec. 34. (AB 806) Effective January 1, 2013. Operative January 1, 2014, by Sec. 86 of Ch. 181. Note: See published chaptered bill for complete section text. The Manufactured Home and Mobilehome Transfer Disclosure Statement appears on pages 29 to 33 of Ch. 181.)
  96. 1102.6e

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.5. Disclosures Upon Transfer of Residential Property [1102 - 1102.19] ( Article 1.5 added by Stats. 1985, Ch. 1574, Sec. 2. )

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    If certain transferred property is subject to a transfer fee, the transferor must give an additional disclosure statement with specified fee information.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.5. Disclosures Upon Transfer of Residential Property [1102 - 1102.19] ( Article 1.5 added by Stats. 1985, Ch. 1574, Sec. 2. ) ## 1102.6e. If a property being transferred on or after January 1, 2008, is subject to a transfer fee, as defined in Section 1098, the transferor shall provide, at the same time as the transfer disclosure statement required pursuant to Section 1102.6 is provided if the document required by subdivision (b) of Section 1098.5 has not already been provided, an additional disclosure statement containing all of the following: (a) Notice that payment of a transfer fee is required as a result of transfer of the property. (b) The amount of the fee required for the asking price of the real property, if the amount of the fee is based on the price of the real property, and a description of how the fee is calculated. (c) Notice that the final amount of the fee may be different if the fee is based upon a percentage of the final sale price. (d) The entity to which funds from the fee will be paid. (e) The purposes for which funds from the fee will be used. (f) The date or circumstances under which the obligation to pay the transfer fee expires, if any. (Amended by Stats. 2015, Ch. 634, Sec. 3. (AB 807) Effective January 1, 2016.)
  97. 1102.6f

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.5. Disclosures Upon Transfer of Residential Property [1102 - 1102.19] ( Article 1.5 added by Stats. 1985, Ch. 1574, Sec. 2. )

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    A seller of qualifying residential property must give the buyer a wildfire hazard disclosure notice, and in some cases must also provide a final inspection report or where to get it.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.5. Disclosures Upon Transfer of Residential Property [1102 - 1102.19] ( Article 1.5 added by Stats. 1985, Ch. 1574, Sec. 2. ) ## 1102.6f. (a) On or after January 1, 2021, in addition to any other disclosure required pursuant to this article, the seller of any real property subject to this article that is located in a high or very high fire hazard severity zone, as identified by the Director of Forestry and Fire Protection pursuant to Section 51178 of the Government Code or Article 9 (commencing with Section 4201) of Chapter 1 of Part 2 of Division 4 of the Public Resources Code, shall provide a disclosure notice to the buyer, if the home was constructed before January 1, 2010, that includes the following information: (1) A statement as follows: “This home is located in a high or very high fire hazard severity zone and this home was built before the implementation of the Wildfire Urban Interface building codes which help to fire harden a home. To better protect your home from wildfire, you might need to consider improvements. Information on fire hardening, including current building standards and information on minimum annual vegetation management standards to protect homes from wildfires, can be obtained on the internet website http://www.readyforwildfire.org.” (2) On or after July 1, 2025, a list of low-cost retrofits developed and listed pursuant to Section 51189 of the Government Code. The notice shall disclose which listed retrofits, if any, have been completed during the time that the seller has owned the property. (3) A list of the following features that may make the home vulnerable to wildfire and flying embers. The notice shall disclose which of the listed features, if any, that exist on the home of which the seller is aware: (A) Eave, soffit, and roof ventilation where the vents have openings in excess of one-eighth of an inch or are not flame and ember resistant. (B) Roof coverings made of untreated wood shingles or shakes. (C) Combustible landscaping or other materials within five feet of the home and under the footprint of any attached deck. (D) Single pane or nontempered glass windows. (E) Loose or missing bird stopping or roof flashing. (F) Rain gutters without metal or noncombustible gutter covers. (b) If, pursuant to Section 51182 of the Government Code, a seller has obtained a final inspection report described in that section, the seller shall provide to the buyer a copy of that report or information on where a copy of the report may be obtained. (c) This section shall not be construed as a requirement, instruction, or consideration for present or future building code formulation, including, but not limited to, the Wildland Urban Interface building standards (Chapter 7A (commencing with Section 701A.1) of Part 2 of Title 24 of the California Code of Regulations). (Amended by Stats. 2020, Ch. 370, Sec. 26. (SB 1371) Effective January 1, 2021.)
  98. 1102.6g

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.5. Disclosures Upon Transfer of Residential Property [1102 - 1102.19] ( Article 1.5 added by Stats. 1985, Ch. 1574, Sec. 2. )

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    Real estate sale contracts must include a specified appraisal-bias notice, and certain licensed persons refinancing small residential properties must deliver the same notice.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.5. Disclosures Upon Transfer of Residential Property [1102 - 1102.19] ( Article 1.5 added by Stats. 1985, Ch. 1574, Sec. 2. ) ## 1102.6g. (a) After July 1, 2022, every contract for the sale of real property shall contain, in no less than 8-point type, the following notice: “Any appraisal of the property is required to be unbiased, objective, and not influenced by improper or illegal considerations, including, but not limited to, any of the following: race, color, religion (including religious dress, grooming practices, or both), gender (including, but not limited to, pregnancy, childbirth, breastfeeding, and related conditions, and gender identity and gender expression), sexual orientation, marital status, medical condition, military or veteran status, national origin (including language use and possession of a driver’s license issued to persons unable to provide their presence in the United States is authorized under federal law), source of income, ancestry, disability (mental and physical, including, but not limited to, HIV/AIDS status, cancer diagnosis, and genetic characteristics), genetic information, or age. If a buyer or seller believes that the appraisal has been influenced by any of the above factors, the seller or buyer can report this information to the lender or mortgage broker that retained the appraiser and may also file a complaint with the Bureau of Real Estate Appraisers at https://www2.brea.ca.gov/complaint/ or call (916) 552-9000 for further information on how to file a complaint.” (b) The notice described in subdivision (a) shall also be delivered by a licensed person refinancing a first lien purchase money loan secured by residential real property containing no more than four dwelling units, either prior to, or with, the loan estimate as required by the federal Truth in Lending Act, as amended (15 U.S.C. Sec. 1601 et seq.), or the mortgage loan disclosure statement as required pursuant to Section 10240 of the Business and Professions Code. The notice described in subdivision (a) may be included as part of the disclosure required under Section 1002.14(a)(2) of the federal Equal Credit Opportunity Act (Regulation B) (12 C.F.R. Sec. 1002 et seq.). (c) For purposes of this section, a “licensed person” means a depository institution chartered under federal or state law, a person covered by the licensing requirements of Division 9 (commencing with Section 22000) or Division 20 (commencing with Section 50000) of the Financial Code, or a person licensed pursuant to Part 1 (commencing with Section 10000) of Division 4 of the Business and Professions Code. (Added by Stats. 2021, Ch. 352, Sec. 6. (AB 948) Effective January 1, 2022.)
  99. 1102.6h

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.5. Disclosures Upon Transfer of Residential Property [1102 - 1102.19] ( Article 1.5 added by Stats. 1985, Ch. 1574, Sec. 2. )

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    A seller of a single-family residential property must give the buyer specified contractor and permit disclosures if the sale offer is accepted within 18 months after title was transferred to the seller.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.5. Disclosures Upon Transfer of Residential Property [1102 - 1102.19] ( Article 1.5 added by Stats. 1985, Ch. 1574, Sec. 2. ) ## 1102.6h. (a) A seller of a single-family residential property who accepts an offer for the sale of the single-family residential property within 18 months from the date that title for the single-family residential property was transferred to the seller shall disclose, in addition to any other disclosure required pursuant to this article, to the buyer both of the following: (1) Any room additions, structural modifications, other alterations, or repairs made to the property since title to the property was transferred to the seller that were performed by a contractor with whom the seller entered into a contract. (2) The name of each contractor with whom the seller entered into a contract with for the room additions, structural modifications, other alterations, or repairs disclosed in paragraph (1) and any contact information for the contractor provided by the contractor to the seller. The obligation to provide the name of the contractor shall only apply to contracts where the aggregate contract price for labor, material, and all other items for the project or undertaking is in excess of the dollar amount specified in Section 7027.2 of the Business and Professions Code. (b) The seller’s obligation to disclose the room additions, structural modifications, other alterations, or repairs made to the property performed by a contractor may also be satisfied by providing a list of room additions, structural modifications, other alterations, or repairs performed by, and provided by, the contractor with whom the seller contracted for the room additions, structural modifications, other alterations, or repairs. (c) (1) If the seller obtained a permit for any room additions, structural modifications, other alterations, or repairs provided to the buyer pursuant to subdivision (a), the seller shall provide a copy of the permit to the buyer. (2) If the seller contracted with a third party for any room additions, structural modifications, or repairs, and the seller was not provided with a copy of any permits obtained, the seller may satisfy the obligation in paragraph (1) by informing the buyer that any information on permits may be obtained from the third party and providing the contact information for the third party provided by the third party to the seller. (d) This section shall apply to the sale of a single-family residential property where the seller accepts an offer from a buyer to purchase the property on or after July 1, 2024. (Added by Stats. 2023, Ch. 95, Sec. 1. (AB 968) Effective January 1, 2024.)
  100. 1102.6i

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.5. Disclosures Upon Transfer of Residential Property [1102 - 1102.19] ( Article 1.5 added by Stats. 1985, Ch. 1574, Sec. 2. )

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    A seller or the seller’s agent must give a buyer a disclosure statement with an electrical-system advisory for covered real property sales starting on or after January 1, 2026, unless the building is sold within three years after its certificate of occupancy was issued.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.5. Disclosures Upon Transfer of Residential Property [1102 - 1102.19] ( Article 1.5 added by Stats. 1985, Ch. 1574, Sec. 2. ) ## 1102.6i. (a) Except as provided in subdivision (b), on or after January 1, 2026, in addition to any other disclosure required pursuant to this article, the seller of any real property subject to this article, or the seller’s agent, shall deliver to the prospective buyer a disclosure statement that provides as follows: “In a purchase of real property, it may be advisable to obtain an inspection by a qualified professional of the electrical system(s) of any buildings, including, but not limited to, the main service panel, the subpanel(s), and wiring. Substandard, recalled, or faulty wiring may cause a fire risk and may make it difficult to obtain property insurance. Limited electrical capacity may make it difficult to support future electrical additions to the building(s), such as solar generation, electric space heating, electric water heating, or electric vehicle charging equipment.” (b) This section does not apply to the sale of a building within three years of the issuance of the certificate of occupancy for the building. (Added by Stats. 2024, Ch. 443, Sec. 1. (SB 382) Effective January 1, 2025.)
  101. 1102.6j

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.5. Disclosures Upon Transfer of Residential Property [1102 - 1102.19] ( Article 1.5 added by Stats. 1985, Ch. 1574, Sec. 2. )

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    A seller of a single-family residential property must disclose in writing any known state or local rules or restrictions about replacing gas-powered appliances that transfer with the property, starting January 1, 2026.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.5. Disclosures Upon Transfer of Residential Property [1102 - 1102.19] ( Article 1.5 added by Stats. 1985, Ch. 1574, Sec. 2. ) ## 1102.6j. On or after January 1, 2026, the seller of a single-family residential property subject to this article shall disclose, in writing, the existence of any state or local requirements or restrictions relating to the future replacement of existing gas-powered appliances that are being transferred with the property to the extent they or their agent are aware of those requirements or restrictions. For purposes of this section, “gas-powered appliance” includes, but is not limited to, appliances fueled by natural gas or liquid propane. (Added by Stats. 2024, Ch. 443, Sec. 2. (SB 382) Effective January 1, 2025.)
  102. 1102.6k

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.5. Disclosures Upon Transfer of Residential Property [1102 - 1102.19] ( Article 1.5 added by Stats. 1985, Ch. 1574, Sec. 2. )

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    A seller of a single-family residential property must disclose in writing any known tobacco or nicotine residue, or any known history of occupants smoking tobacco or nicotine products, to the buyer.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.5. Disclosures Upon Transfer of Residential Property [1102 - 1102.19] ( Article 1.5 added by Stats. 1985, Ch. 1574, Sec. 2. ) ## 1102.6k. (a) In addition to any other disclosure required pursuant to this article, it shall be the sole responsibility of a seller of a single-family residential property subject to this article who has actual knowledge of the existence of any residue from smoking tobacco or nicotine products, or any history of occupants smoking tobacco or nicotine products on the property, to disclose that knowledge to the buyer in writing. (b) For purposes of this section, the following apply: (1) “Residue from smoking tobacco or nicotine products” means a chemical accumulation resulting from the smoking of tobacco or nicotine products, and may be indicated by the smell of tobacco smoke or by test results that indicate elevated levels of nicotine on surfaces or in dust. (2) “Smoking tobacco or nicotine products” includes the use of an electronic cigarette or vape device for inhaling an aerosol. (Added by Stats. 2025, Ch. 263, Sec. 3. (AB 455) Effective January 1, 2026.)
  103. 1102.7.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.5. Disclosures Upon Transfer of Residential Property [1102 - 1102.19] ( Article 1.5 added by Stats. 1985, Ch. 1574, Sec. 2. )

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    Disclosures required by this article, and acts done to make those disclosures, must be made in good faith.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.5. Disclosures Upon Transfer of Residential Property [1102 - 1102.19] ( Article 1.5 added by Stats. 1985, Ch. 1574, Sec. 2. ) ## 1102.7. Each disclosure required by this article and each act which may be performed in making the disclosure, shall be made in good faith. For purposes of this article, “good faith” means honesty in fact in the conduct of the transaction. (Added by Stats. 1985, Ch. 1574, Sec. 2. Operative January 1, 1987, by Sec. 3 of Ch. 1574.)
  104. 1102.8.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.5. Disclosures Upon Transfer of Residential Property [1102 - 1102.19] ( Article 1.5 added by Stats. 1985, Ch. 1574, Sec. 2. )

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    This section says the disclosure items listed in this article do not reduce any other disclosure obligation that may apply.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.5. Disclosures Upon Transfer of Residential Property [1102 - 1102.19] ( Article 1.5 added by Stats. 1985, Ch. 1574, Sec. 2. ) ## 1102.8. The specification of items for disclosure in this article does not limit or abridge any obligation for disclosure created by any other provision of law or which may exist in order to avoid fraud, misrepresentation, or deceit in the transfer transaction. (Added by Stats. 1985, Ch. 1574, Sec. 2. Operative January 1, 1987, by Sec. 3 of Ch. 1574.)
  105. 1102.9.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.5. Disclosures Upon Transfer of Residential Property [1102 - 1102.19] ( Article 1.5 added by Stats. 1985, Ch. 1574, Sec. 2. )

    Verify source ↗

    A seller or the seller’s agent may amend a disclosure in writing, but the amendment must comply with Section 1102.3 or 1102.3a.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.5. Disclosures Upon Transfer of Residential Property [1102 - 1102.19] ( Article 1.5 added by Stats. 1985, Ch. 1574, Sec. 2. ) ## 1102.9. Any disclosure made pursuant to this article may be amended in writing by the seller or his or her agent, but the amendment shall be subject to Section 1102.3 or 1102.3a. (Amended by Stats. 2018, Ch. 907, Sec. 16. (AB 1289) Effective January 1, 2019.)
  106. 1103.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.7. Disclosure of Natural and Environmental Hazards, Right-to-Farm, and Other Disclosures Upon Transfer of Residential Property [1103 - 1103.15] ( Heading of Article 1.7 amended by Stats. 2008, Ch. 686, Sec. 2. )

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    For covered single-family residential property transfers, the seller or seller’s agent must disclose certain hazard-zone information to a prospective buyer.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.7. Disclosure of Natural and Environmental Hazards, Right-to-Farm, and Other Disclosures Upon Transfer of Residential Property [1103 - 1103.15] ( Heading of Article 1.7 amended by Stats. 2008, Ch. 686, Sec. 2. ) ## 1103. (a) For purpose of this article, the definitions in Chapter 1 (commencing with Section 10000) of Part 1 of Division 4 of the Business and Professions Code shall apply. (b) Except as provided in Section 1103.1, this article applies to a sale, exchange, real property sales contract, as defined in Section 2985, lease with an option to purchase, any other option to purchase, or ground lease coupled with improvements, of any single-family residential real property. (c) This article shall apply to the transactions described in subdivision (b) only if the seller or his or her agent is required by one or more of the following to disclose the property’s location within a hazard zone: (1) A seller’s agent for a seller of real property that is located within a special flood hazard area (any type Zone “A” or “V”) designated by the Federal Emergency Management Agency, or the seller if the seller is acting without a seller’s agent, shall disclose to any prospective buyer the fact that the property is located within a special flood hazard area if either: (A) The seller, or the seller’s agent, has actual knowledge that the property is within a special flood hazard area. (B) The local jurisdiction has compiled a list, by parcel, of properties that are within the special flood hazard area and a notice has been posted at the offices of the county recorder, county assessor, and county planning agency that identifies the location of the parcel list. (2) A seller’s agent for a seller of real property that is located within an area of potential flooding designated pursuant to Section 6161 of the Water Code, or the seller if the seller is acting without a seller’s agent, shall disclose to any prospective buyer the fact that the property is located within an area of potential flooding if either: (A) The seller, or the seller’s agent, has actual knowledge that the property is within an inundation area. (B) The local jurisdiction has compiled a list, by parcel, of properties that are within the inundation area and a notice has been posted at the offices of the county recorder, county assessor, and county planning agency that identifies the location of the parcel list. (3) A seller of real property that is located within a very high fire hazard severity zone, designated pursuant to Section 51178 of the Government Code, or the seller’s agent, shall disclose to any prospective buyer the fact that the property is located within a very high fire hazard severity zone and is subject to the requirements of Section 51182 of the Government Code if either: (A) The seller or the seller’s agent, has actual knowledge that the property is within a very high fire hazard severity zone. (B) A map that includes the property has been provided to the local agency pursuant to Section 51178 of the Government Code and a notice has been posted at the offices of the county recorder, county assessor, and county planning agency that identifies the location of the map and any information regarding changes to the map received by the local agency. (4) A seller’s agent for a seller of real property that is located within an earthquake fault zone, designated pursuant to Section 2622 of the Public Resources Code, or the seller, if the seller is acting without an agent, shall disclose to any prospective buyer the fact that the property is located within a delineated earthquake fault zone if either: (A) The seller, or the seller’s agent, has actual knowledge that the property is within a delineated earthquake fault zone. (B) A map that includes the property has been provided to the city or county pursuant to Section 2622 of the Public Resources Code and a notice has been posted at the offices of the county recorder, county assessor, and county planning agency that identifies the location of the map and any information regarding changes to the map received by the county. (5) A seller’s agent for a seller of real property that is located within a seismic hazard zone, designated pursuant to Section 2696 of the Public Resources Code, or the seller if the seller is acting without an agent, shall disclose to any prospective buyer the fact that the property is located within a seismic hazard zone if either: (A) The seller, or the seller’s agent, has actual knowledge that the property is within a seismic hazard zone. (B) A map that includes the property has been provided to the city or county pursuant to Section 2696 of the Public Resources Code and a notice has been posted at the offices of the county recorder, county assessor, and county planning agency that identifies the location of the map and any information regarding changes to the map received by the county. (6) A seller of real property that is located within a state responsibility area determined by the board, pursuant to Section 4125 of the Public Resources Code, or the seller’s agent, shall disclose to any prospective buyer the fact that the property is located within a wildland area that may contain substantial forest fire risks and hazards and is subject to the requirements of Section 4291 of the Public Resources Code if either: (A) The seller, or the seller’s agent, has actual knowledge that the property is within a wildland fire zone. (B) A map that includes the property has been provided to the city or county pursuant to Section 4125 of the Public Resources Code and a notice has been posted at the offices of the county recorder, county assessor, and county planning agency that identifies the location of the map and any information regarding changes to the map received by the county. (d) Any waiver of the requirements of this article is void as against public policy. (Amended by Stats. 2018, Ch. 907, Sec. 20. (AB 1289) Effective January 1, 2019.)
  107. 1103.1.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.7. Disclosure of Natural and Environmental Hazards, Right-to-Farm, and Other Disclosures Upon Transfer of Residential Property [1103 - 1103.15] ( Heading of Article 1.7 amended by Stats. 2008, Ch. 686, Sec. 2. )

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    This section says the article does not apply to several listed sales and transfers, including court-ordered sales, certain foreclosure and default transfers, fiduciary administration sales, transfers between coowners or family members, certain spousal transfers, transfers by the Controller, some tax-code transfers, transfers involving governmental entities, and most leases.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.7. Disclosure of Natural and Environmental Hazards, Right-to-Farm, and Other Disclosures Upon Transfer of Residential Property [1103 - 1103.15] ( Heading of Article 1.7 amended by Stats. 2008, Ch. 686, Sec. 2. ) ## 1103.1. (a) This article does not apply to the following sales: (1) Sales or transfers pursuant to court order, including, but not limited to, sales ordered by a probate court in administration of an estate, sales pursuant to a writ of execution, sales by any foreclosure sale, sales by a trustee in bankruptcy, sales by eminent domain, and sales resulting from a decree for specific performance. (2) Sales or transfers to a mortgagee by a mortgagor or successor in interest who is in default, sales to a beneficiary of a deed of trust by a trustor or successor in interest who is in default, transfers by any foreclosure sale after default, any foreclosure sale after default in an obligation secured by a mortgage, sale under a power of sale or any foreclosure sale under a decree of foreclosure after default in an obligation secured by a deed of trust or secured by any other instrument containing a power of sale, or sales by a mortgagee or a beneficiary under a deed of trust who has acquired the real property at a sale conducted pursuant to a power of sale under a mortgage or deed of trust or a sale pursuant to a decree of foreclosure or has acquired the real property by a deed in lieu of foreclosure. (3) Sales or transfers by a fiduciary in the course of the administration of a trust, guardianship, conservatorship, or decedent’s estate. This exemption shall not apply to a sale if the trustee is a natural person who is a trustee of a revocable trust and the seller is a former owner of the property or an occupant in possession of the property within the preceding year. (4) Sales or transfers from one coowner to one or more other coowners. (5) Sales or transfers made to a spouse, or to a person or persons in the line of consanguinity of one or more of the sellers. (6) Sales or transfers between spouses resulting from a judgment of dissolution of marriage or of legal separation of the parties or from a property settlement agreement incidental to that judgment. (7) Sales or transfers by the Controller in the course of administering Chapter 7 (commencing with Section 1500) of Title 10 of Part 3 of the Code of Civil Procedure. (8) Sales or transfers under Chapter 7 (commencing with Section 3691) or Chapter 8 (commencing with Section 3771) of Part 6 of Division 1 of the Revenue and Taxation Code. (9) Sales, transfers, or exchanges to or from any governmental entity. (10) The sale, creation, or transfer of any lease of any duration except a lease with an option to purchase or a ground lease coupled with improvements. (b) Sales and transfers not subject to this article may be subject to other disclosure requirements, including those under Sections 8589.3, 8589.4, and 51183.5 of the Government Code and Sections 2621.9, 2694, and 4136 of the Public Resources Code. In sales not subject to this article, agents may make required disclosures in a separate writing. (c) Notwithstanding the definition of sale in Section 10018.5 of the Business and Professions Code and Section 2079.13, the terms “sale” and “transfer,” as they are used in this section, shall have their commonly understood meanings. The changes made to this section by Assembly Bill 1289 of the 2017–18 Legislative Session shall not be interpreted to change the application of the law as it read prior to January 1, 2019. (Amended by Stats. 2020, Ch. 370, Sec. 27. (SB 1371) Effective January 1, 2021.)
  108. 1103.10.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.7. Disclosure of Natural and Environmental Hazards, Right-to-Farm, and Other Disclosures Upon Transfer of Residential Property [1103 - 1103.15] ( Heading of Article 1.7 amended by Stats. 2008, Ch. 686, Sec. 2. )

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    Disclosures required by this article must be delivered personally to the transferee or mailed to the prospective transferee.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.7. Disclosure of Natural and Environmental Hazards, Right-to-Farm, and Other Disclosures Upon Transfer of Residential Property [1103 - 1103.15] ( Heading of Article 1.7 amended by Stats. 2008, Ch. 686, Sec. 2. ) ## 1103.10. Delivery of disclosures required by this article shall be by personal delivery to the transferee or by mail to the prospective transferee. For the purposes of this article, delivery to the spouse of a transferee shall be deemed delivery to the transferee, unless provided otherwise by contract. (Added by Stats. 1999, Ch. 876, Sec. 3. Effective January 1, 2000.)
  109. 1103.11.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.7. Disclosure of Natural and Environmental Hazards, Right-to-Farm, and Other Disclosures Upon Transfer of Residential Property [1103 - 1103.15] ( Heading of Article 1.7 amended by Stats. 2008, Ch. 686, Sec. 2. )

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    An escrow agent for a real-property transfer under this article is not treated as the transferor’s or transferee’s agent for disclosure purposes unless there is an express written agreement saying otherwise.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.7. Disclosure of Natural and Environmental Hazards, Right-to-Farm, and Other Disclosures Upon Transfer of Residential Property [1103 - 1103.15] ( Heading of Article 1.7 amended by Stats. 2008, Ch. 686, Sec. 2. ) ## 1103.11. Any person or entity, other than a real estate licensee licensed pursuant to Part 1 (commencing with Section 10000) of Division 4 of the Business and Professions Code, acting in the capacity of an escrow agent for the transfer of real property subject to this article shall not be deemed the agent of the transferor or transferee for purposes of the disclosure requirements of this article, unless the person or entity is empowered to so act by an express written agreement to that effect. The extent of that agency shall be governed by the written agreement. (Added by Stats. 1999, Ch. 876, Sec. 3. Effective January 1, 2000.)
  110. 1103.12.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.7. Disclosure of Natural and Environmental Hazards, Right-to-Farm, and Other Disclosures Upon Transfer of Residential Property [1103 - 1103.15] ( Heading of Article 1.7 amended by Stats. 2008, Ch. 686, Sec. 2. )

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    In certain residential property transfers, the broker who procured the transferee’s offer must deliver the required disclosure, unless the transferor gives different written delivery instructions.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.7. Disclosure of Natural and Environmental Hazards, Right-to-Farm, and Other Disclosures Upon Transfer of Residential Property [1103 - 1103.15] ( Heading of Article 1.7 amended by Stats. 2008, Ch. 686, Sec. 2. ) ## 1103.12. (a) If more than one licensed real estate broker is acting as an agent in a transaction subject to this article, the broker who has obtained the offer made by the transferee shall, except as otherwise provided in this article, deliver the disclosure required by this article to the transferee, unless the transferor has given other written instructions for delivery. (b) If a licensed real estate broker responsible for delivering the disclosures under this section cannot obtain the disclosure document required and does not have written assurance from the transferee that the disclosure has been received, the broker shall advise the transferee in writing of his or her rights to the disclosure. A licensed real estate broker responsible for delivering disclosures under this section shall maintain a record of the action taken to effect compliance in accordance with Section 10148 of the Business and Professions Code. (Added by Stats. 1999, Ch. 876, Sec. 3. Effective January 1, 2000.)
  111. 1103.13.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.7. Disclosure of Natural and Environmental Hazards, Right-to-Farm, and Other Disclosures Upon Transfer of Residential Property [1103 - 1103.15] ( Heading of Article 1.7 amended by Stats. 2008, Ch. 686, Sec. 2. )

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    A transfer covered by this article is not invalid just because someone failed to comply, but a person who willfully or negligently violates or fails to perform a duty under the article is liable for the transferee’s actual damages.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.7. Disclosure of Natural and Environmental Hazards, Right-to-Farm, and Other Disclosures Upon Transfer of Residential Property [1103 - 1103.15] ( Heading of Article 1.7 amended by Stats. 2008, Ch. 686, Sec. 2. ) ## 1103.13. No transfer subject to this article shall be invalidated solely because of the failure of any person to comply with any provision of this article. However, any person who willfully or negligently violates or fails to perform any duty prescribed by any provision of this article shall be liable in the amount of actual damages suffered by a transferee. (Added by Stats. 1999, Ch. 876, Sec. 3. Effective January 1, 2000.)
  112. 1103.15.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.7. Disclosure of Natural and Environmental Hazards, Right-to-Farm, and Other Disclosures Upon Transfer of Residential Property [1103 - 1103.15] ( Heading of Article 1.7 amended by Stats. 2008, Ch. 686, Sec. 2. )

    Verify source ↗

    This section makes subdivision (d) of Section 1102.1 apply to this article.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.7. Disclosure of Natural and Environmental Hazards, Right-to-Farm, and Other Disclosures Upon Transfer of Residential Property [1103 - 1103.15] ( Heading of Article 1.7 amended by Stats. 2008, Ch. 686, Sec. 2. ) ## 1103.15. The provisions of subdivision (d) of Section 1102.1 shall apply to this article. (Added by Stats. 2018, Ch. 907, Sec. 29. (AB 1289) Effective January 1, 2019.)
  113. 1103.2.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.7. Disclosure of Natural and Environmental Hazards, Right-to-Farm, and Other Disclosures Upon Transfer of Residential Property [1103 - 1103.15] ( Heading of Article 1.7 amended by Stats. 2008, Ch. 686, Sec. 2. )

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    This section requires a Natural Hazard Disclosure Statement to be used for certain residential property transfers and sets rules for how sellers and their agents complete it.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.7. Disclosure of Natural and Environmental Hazards, Right-to-Farm, and Other Disclosures Upon Transfer of Residential Property [1103 - 1103.15] ( Heading of Article 1.7 amended by Stats. 2008, Ch. 686, Sec. 2. ) ## 1103.2. (a) The disclosures required by this article are set forth in, and shall be made on a copy of, the following Natural Hazard Disclosure Statement: NATURAL HAZARD DISCLOSURE STATEMENT This statement applies to the following property: The seller and the seller’s agent(s) or a third-party consultant disclose the following information with the knowledge that even though this is not a warranty, prospective buyers may rely on this information in deciding whether and on what terms to purchase the subject property. Seller hereby authorizes any agent(s) representing any principal(s) in this action to provide a copy of this statement to any person or entity in connection with any actual or anticipated sale of the property. The following are representations made by the seller and the seller’s agent(s) based on their knowledge and maps drawn by the state and federal governments. This information is a disclosure and is not intended to be part of any contract between the seller and buyer. THIS REAL PROPERTY LIES WITHIN THE FOLLOWING HAZARDOUS AREA(S): A SPECIAL FLOOD HAZARD AREA (Any type Zone “A” or “V”) designated by the Federal Emergency Management Agency. Yes ____ No ____ Do not know and _____ information not _____ available from local _____ jurisdiction ____ AN AREA OF POTENTIAL FLOODING shown on a dam failure inundation map pursuant to Section 8589.5 of the Government Code. Yes ____ No ____ Do not know and _____ information not _____ available from local _____ jurisdiction ____ A HIGH or VERY HIGH FIRE HAZARD SEVERITY ZONE (FHSZ) as identified by the Director of Forestry and Fire Protection pursuant to Section 51178 of the Government Code or Article 9 (commencing with Section 4201) of Chapter 1 of Part 2 of Division 4 of the Public Resources Code. The owner of this property is subject to the maintenance requirements of Section 51182 of the Government Code. Yes ____ No ____ High FHSZ in a state responsibility area ____ Very High FHSZ in a state responsibility area ____ Very High FHSZ in a local responsibility area ____ A WILDLAND AREA THAT MAY CONTAIN SUBSTANTIAL FOREST FIRE RISKS AND HAZARDS pursuant to Section 4125 of the Public Resources Code. The owner of this property is subject to the maintenance requirements of Section 4291 of the Public Resources Code. Additionally, it is not the state’s responsibility to provide fire protection services to any building or structure located within the wildlands unless the Department of Forestry and Fire Protection has entered into a cooperative agreement with a local agency for those purposes pursuant to Section 4142 of the Public Resources Code. Yes ____ No ____ AN EARTHQUAKE FAULT ZONE pursuant to Section 2622 of the Public Resources Code. Yes ____ No ____ A SEISMIC HAZARD ZONE pursuant to Section 2696 of the Public Resources Code. Yes (Landslide Zone)____________ Yes (Liquefaction Zone) ______ No ____ Map not yet released by state ____ THESE HAZARDS MAY LIMIT YOUR ABILITY TO DEVELOP THE REAL PROPERTY, TO OBTAIN INSURANCE, OR TO RECEIVE ASSISTANCE AFTER A DISASTER. THE MAPS ON WHICH THESE DISCLOSURES ARE BASED ESTIMATE WHERE NATURAL HAZARDS EXIST. THEY ARE NOT DEFINITIVE INDICATORS OF WHETHER OR NOT A PROPERTY WILL BE AFFECTED BY A NATURAL DISASTER. SELLER(S) AND BUYER(S) MAY WISH TO OBTAIN PROFESSIONAL ADVICE REGARDING THOSE HAZARDS AND OTHER HAZARDS THAT MAY AFFECT THE PROPERTY. Signature of Seller(s) Date Signature of Seller(s) Date Seller’s Agent(s) Date Seller’s Agent(s) Date Check only one of the following: _____ ◻ Seller(s) and their agent(s) represent that the information herein is true and correct to the best of their knowledge as of the date signed by the transferor(s) and agent(s). _____ ◻ Seller(s) and their agent(s) acknowledge that they have exercised good faith in the selection of a third-party report provider as required in Section 1103.7 of the Civil Code, and that the representations made in this Natural Hazard Disclosure Statement are based upon information provided by the independent third-party disclosure provider as a substituted disclosure pursuant to Section 1103.4 of the Civil Code. Neither seller(s) nor their agent(s) (1) has independently verified the information contained in this statement and report or (2) is personally aware of any errors or inaccuracies in the information contained on the statement. This statement was prepared by the provider below: Third-Party Disclosure Provider(s) Date Buyer represents that Buyer has read and understands this document. Pursuant to Section 1103.8 of the Civil Code, the representations made in this Natural Hazard Disclosure Statement do not constitute all of the seller’s or agent’s disclosure obligations in this transaction. Signature of Buyer(s) Date Signature of Buyer(s) Date (b) If an earthquake fault zone, seismic hazard zone, high or very high fire hazard severity zone, or wildland fire area map or accompanying information is not of sufficient accuracy or scale that a reasonable person can determine if the subject real property is included in a natural hazard area, the seller or seller’s agent shall mark “Yes” on the Natural Hazard Disclosure Statement. The seller’s agent may mark “No” on the Natural Hazard Disclosure Statement if the seller attaches a report prepared pursuant to subdivision (c) of Section 1103.4 that verifies the property is not in the hazard zone. This subdivision is not intended to limit or abridge any existing duty of the seller or the seller’s agent to exercise reasonable care in making a determination under this subdivision. (c) If the Federal Emergency Management Agency has issued a Letter of Map Revision confirming that a property is no longer within a special flood hazard area, then the seller or seller’s agent may mark “No” on the Natural Hazard Disclosure Statement, even if the map has not yet been updated. The seller or seller’s agent shall attach a copy of the Letter of Map Revision to the disclosure statement. (d) If the Federal Emergency Management Agency has issued a Letter of Map Revision confirming that a property is within a special flood hazard area and the location of the letter has been posted pursuant to subdivision (g) of Section 8589.3 of the Government Code, then the seller or seller’s agent shall mark “Yes” on the Natural Hazard Disclosure Statement, even if the map has not yet been updated. The seller or seller’s agent shall attach a copy of the Letter of Map Revision to the disclosure statement. (e) The disclosure required pursuant to this article may be provided by the seller and the seller’s agent in the Local Option Real Estate Transfer Disclosure Statement described in Section 1102.6a, provided that the Local Option Real Estate Transfer Disclosure Statement includes substantially the same information and substantially the same warnings that are required by this section. (f) (1) The legal effect of a consultant’s report delivered to satisfy the exemption provided by Section 1103.4 is not changed when it is accompanied by a Natural Hazard Disclosure Statement. (2) A consultant’s report shall always be accompanied by a completed and signed Natural Hazard Disclosure Statement. (3) In a disclosure statement required by this section, an agent and third-party provider may cause the agent and third-party provider’s name to be preprinted in lieu of an original signature in the portions of the form reserved for signatures. The use of a preprinted name shall not change the legal effect of the acknowledgment. (g) The disclosure required by this article is only a disclosure between the seller, the seller’s agent, and the prospective buyer, and shall not be used by any other party, including, but not limited to, insurance companies, lenders, or governmental agencies, for any purpose. (h) In any transaction in which a seller has accepted, prior to June 1, 1998, an offer to purchase, the seller, or the seller’s agent shall be deemed to have complied with the requirement of subdivision (a) if the seller or agent delivers to the prospective buyer a statement that includes substantially the same information and warning as the Natural Hazard Disclosure Statement. (Amended by Stats. 2024, Ch. 80, Sec. 19. (SB 1525) Effective January 1, 2025.)
  114. 1103.20.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.8. Buyer’s Choice Act [1103.20 - 1103.22] ( Article 1.8 added by Stats. 2009, Ch. 264, Sec. 1. )

    Verify source ↗

    This section names article 1.8 as the Buyer’s Choice Act and allows it to be cited by that name.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.8. Buyer’s Choice Act [1103.20 - 1103.22] ( Article 1.8 added by Stats. 2009, Ch. 264, Sec. 1. ) ## 1103.20. This article shall be known, and may be cited, as the Buyer’s Choice Act. (Added by Stats. 2009, Ch. 264, Sec. 1. (AB 957) Effective October 11, 2009.)
  115. 1103.21.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.8. Buyer’s Choice Act [1103.20 - 1103.22] ( Article 1.8 added by Stats. 2009, Ch. 264, Sec. 1. )

    Verify source ↗

    This section states legislative findings about foreclosed home sales and says that, for this act, a sale of residential real property includes receiving an offer to buy it.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.8. Buyer’s Choice Act [1103.20 - 1103.22] ( Article 1.8 added by Stats. 2009, Ch. 264, Sec. 1. ) ## 1103.21. (a) The Legislature finds and declares: (1) Sales of foreclosed properties have become a dominant portion of homes on the resale real estate market. (2) The recent troubled real estate market has resulted in a concentration of the majority of homes available for resale within the hands of foreclosing lenders and has dramatically changed the market dynamics affecting ordinary home buyers. (3) Preserving the fair negotiability of contract terms is an important policy goal to be preserved in real estate transactions. (4) The potential for unfairness occasioned by the resale of large numbers of foreclosed homes on the market requires that protections against abuses be made effective immediately. (5) The federal Real Estate Settlement Procedures Act (RESPA) creates general rules for fair negotiation of settlement services, prohibits kickbacks and specifically prohibits a seller in a federally related transaction from requiring a buyer to purchase title insurance from a particular insurer. (6) California law does not specifically prohibit a seller from imposing, as a condition of sale of a foreclosed home, the purchase of title insurance or escrow services from a particular insurer or provider. (7) Therefore it is necessary to add this act to California law to provide to a home buyer protection that follows the RESPA model and applies to, and prevents, the conditioning of a sale of a foreclosed home on the buyer’s purchase of title insurance from a particular insurer or title company and/or the buyer’s purchase of escrow services from a particular provider. (b) It is the intent of the Legislature that, for the purpose of this act, the sale of a residential real property is deemed to include the receipt of an offer to purchase that residential real property. (Added by Stats. 2009, Ch. 264, Sec. 1. (AB 957) Effective October 11, 2009.)
  116. 1103.22.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.8. Buyer’s Choice Act [1103.20 - 1103.22] ( Article 1.8 added by Stats. 2009, Ch. 264, Sec. 1. )

    Verify source ↗

    A seller of certain small residential properties may not make the buyer use a particular title insurer or escrow agent as a sale condition.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.8. Buyer’s Choice Act [1103.20 - 1103.22] ( Article 1.8 added by Stats. 2009, Ch. 264, Sec. 1. ) ## 1103.22. (a) A seller of residential real property improved by four or fewer dwelling units shall not require directly or indirectly, as a condition of selling the property, that title insurance covering the property or escrow service provided in connection with the sale of the property be purchased by the buyer from a particular title insurer or escrow agent. This section does not prohibit a buyer from agreeing to accept the services of a title insurer or an escrow agent recommended by the seller if written notice of the right to make an independent selection of those services is first provided by the seller to the buyer. (b) For purposes of this section: (1) Escrow service” means service provided by a person licensed pursuant to Division 6 (commencing with Section 17000) of the Financial Code, or exempt from licensing pursuant to Section 17006 of the Financial Code. (2) “Seller” means a mortgagee or beneficiary under a deed of trust who acquired title to residential real property improved by four or fewer dwelling units at a foreclosure sale, including a trustee, agent, officer, or other employee of any such mortgagee or beneficiary. (3) “Title insurance” means insurance offered by an insurer admitted in this state to transact title insurance pursuant to Chapter 1 (commencing with Section 12340) of Part 6 of the Insurance Code. (c) A seller who violates this section shall be liable to a buyer in an amount equal to three times all charges made for the title insurance or escrow service. In addition, any person who violates this section shall be deemed to have violated his or her license law and shall be subject to discipline by his or her licensing entity. (d) A transaction subject to this section shall not be invalidated solely because of the failure of any person to comply with any provision of this act. (Added by Stats. 2009, Ch. 264, Sec. 1. (AB 957) Effective October 11, 2009.)
  117. 1103.3.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.7. Disclosure of Natural and Environmental Hazards, Right-to-Farm, and Other Disclosures Upon Transfer of Residential Property [1103 - 1103.15] ( Heading of Article 1.7 amended by Stats. 2008, Ch. 686, Sec. 2. )

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    A seller of covered real property must give the buyer the required written disclosure statement and show compliance with the article. If a required disclosure is delivered late, the buyer may terminate the offer within the stated time limits.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.7. Disclosure of Natural and Environmental Hazards, Right-to-Farm, and Other Disclosures Upon Transfer of Residential Property [1103 - 1103.15] ( Heading of Article 1.7 amended by Stats. 2008, Ch. 686, Sec. 2. ) ## 1103.3. (a) The seller of any real property subject to this article shall deliver to the prospective buyer the written statement required by this article, as follows: (1) In the case of a sale, as soon as practicable before transfer of title. (2) In the case of a sale by a real property sales contract, as defined in Section 2985, or by a lease together with an option to purchase, or a ground lease coupled with improvements, as soon as practicable before the prospective buyer’s execution of the contract. For the purpose of this subdivision, “execution” means the making or acceptance of an offer. (b) The seller shall indicate compliance with this article either on the real property sales contract, the lease, any addendum attached thereto, or on a separate document. (c) If any disclosure, or any material amendment of any disclosure, required to be made pursuant to this article is delivered after the execution of an offer to purchase, the prospective buyer shall have three days after delivery in person, five days after delivery by deposit in the mail, or five days after delivery of an electronic record in transactions where the parties have agreed to conduct the transaction by electronic means, pursuant to provisions of the Uniform Electronic Transactions Act (Title 2.5 (commencing with Section 1633.1) of Part 2 of Division 3), to terminate his or her offer by delivery of a written notice of termination to the seller or the seller’s agent. (Amended by Stats. 2018, Ch. 907, Sec. 23. (AB 1289) Effective January 1, 2019.)
  118. 1103.4.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.7. Disclosure of Natural and Environmental Hazards, Right-to-Farm, and Other Disclosures Upon Transfer of Residential Property [1103 - 1103.15] ( Heading of Article 1.7 amended by Stats. 2008, Ch. 686, Sec. 2. )

    Verify source ↗

    This section limits liability for sellers and agents when disclosure information was based on timely information from public sources or other specified providers and ordinary care was used.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.7. Disclosure of Natural and Environmental Hazards, Right-to-Farm, and Other Disclosures Upon Transfer of Residential Property [1103 - 1103.15] ( Heading of Article 1.7 amended by Stats. 2008, Ch. 686, Sec. 2. ) ## 1103.4. (a) Neither the seller nor any seller’s agent or buyer’s agent shall be liable for any error, inaccuracy, or omission of any information delivered pursuant to this article if the error, inaccuracy, or omission was not within the personal knowledge of the seller or the seller’s agent or buyer’s agent and was based on information timely provided by public agencies or by other persons providing information as specified in subdivision (c) that is required to be disclosed pursuant to this article, and ordinary care was exercised in obtaining and transmitting the information. (b) The delivery of any information required to be disclosed by this article to a prospective buyer by a public agency or other person providing information required to be disclosed pursuant to this article shall be deemed to comply with the requirements of this article and shall relieve the seller, seller’s agent, and buyer’s agent of any further duty under this article with respect to that item of information. (c) The delivery of a report or opinion prepared by a licensed engineer, land surveyor, geologist, or expert in natural hazard discovery dealing with matters within the scope of the professional’s license or expertise shall be sufficient compliance for application of the exemption provided by subdivision (a) if the information is provided to the prospective buyer pursuant to a request therefor, whether written or oral. In responding to that request, an expert may indicate, in writing, an understanding that the information provided will be used in fulfilling the requirements of Section 1103.2 and, if so, shall indicate the required disclosures, or parts thereof, to which the information being furnished is applicable. Where such a statement is furnished, the expert shall not be responsible for any items of information or parts thereof, other than those expressly set forth in the statement. (1) In responding to the request, the expert shall determine whether the property is within an airport influence area as defined in subdivision (b) of Section 11010 of the Business and Professions Code. If the property is within an airport influence area, the report shall contain the following statement: NOTICE OF AIRPORT IN VICINITY This property is presently located in the vicinity of an airport, within what is known as an airport influence area. For that reason, the property may be subject to some of the annoyances or inconveniences associated with proximity to airport operations (for example: noise, vibration, or odors). Individual sensitivities to those annoyances can vary from person to person. You may wish to consider what airport annoyances, if any, are associated with the property before you complete your purchase and determine whether they are acceptable to you. (2) In responding to the request, the expert shall determine whether the property is within the jurisdiction of the San Francisco Bay Conservation and Development Commission, as defined in Section 66620 of the Government Code. If the property is within the commission’s jurisdiction, the report shall contain the following notice: NOTICE OF SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION JURISDICTION This property is located within the jurisdiction of the San Francisco Bay Conservation and Development Commission. Use and development of property within the commission’s jurisdiction may be subject to special regulations, restrictions, and permit requirements. You may wish to investigate and determine whether they are acceptable to you and your intended use of the property before you complete your transaction. (3) In responding to the request, the expert shall determine whether the property is presently located within one mile of a parcel of real property designated as “Prime Farmland,” “Farmland of Statewide Importance,” “Unique Farmland,” “Farmland of Local Importance,” or “Grazing Land” on the most current “Important Farmland Map” issued by the California Department of Conservation, Division of Land Resource Protection, utilizing solely the county-level GIS map data, if any, available on the Farmland Mapping and Monitoring Program Web site. If the residential property is within one mile of a designated farmland area, the report shall contain the following notice: NOTICE OF RIGHT TO FARM This property is located within one mile of a farm or ranch land designated on the current county-level GIS “Important Farmland Map,” issued by the California Department of Conservation, Division of Land Resource Protection. Accordingly, the property may be subject to inconveniences or discomforts resulting from agricultural operations that are a normal and necessary aspect of living in a community with a strong rural character and a healthy agricultural sector. Customary agricultural practices in farm operations may include, but are not limited to, noise, odors, dust, light, insects, the operation of pumps and machinery, the storage and disposal of manure, bee pollination, and the ground or aerial application of fertilizers, pesticides, and herbicides. These agricultural practices may occur at any time during the 24-hour day. Individual sensitivities to those practices can vary from person to person. You may wish to consider the impacts of such agricultural practices before you complete your purchase. Please be advised that you may be barred from obtaining legal remedies against agricultural practices conducted in a manner consistent with proper and accepted customs and standards pursuant to Section 3482.5 of the Civil Code or any pertinent local ordinance. (4) In responding to the request, the expert shall determine, utilizing map coordinate data made available by the Office of Mine Reclamation, whether the property is presently located within one mile of a mine operation for which map coordinate data has been reported to the director pursuant to Section 2207 of the Public Resources Code. If the expert determines, from the available map coordinate data, that the residential property is located within one mile of a mine operation, the report shall contain the following notice: NOTICE OF MINING OPERATIONS: This property is located within one mile of a mine operation for which the mine owner or operator has reported mine location data to the Department of Conservation pursuant to Section 2207 of the Public Resources Code. Accordingly, the property may be subject to inconveniences resulting from mining operations. You may wish to consider the impacts of these practices before you complete your transaction. (Amended by Stats. 2018, Ch. 907, Sec. 24. (AB 1289) Effective January 1, 2019.)
  119. 1103.5.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.7. Disclosure of Natural and Environmental Hazards, Right-to-Farm, and Other Disclosures Upon Transfer of Residential Property [1103 - 1103.15] ( Heading of Article 1.7 amended by Stats. 2008, Ch. 686, Sec. 2. )

    Verify source ↗

    After complying with Section 1103.2, the seller and seller’s agent do not have to give the buyer notice if later information becomes inaccurate, unless they actually know it is inaccurate.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.7. Disclosure of Natural and Environmental Hazards, Right-to-Farm, and Other Disclosures Upon Transfer of Residential Property [1103 - 1103.15] ( Heading of Article 1.7 amended by Stats. 2008, Ch. 686, Sec. 2. ) ## 1103.5. (a) After a seller and his or her agent comply with Section 1103.2, they shall be relieved of further duty under this article with respect to those items of information. The seller and the seller’s agent shall not be required to provide notice to the prospective buyer if the information provided subsequently becomes inaccurate as a result of any governmental action, map revision, changed information, or other act or occurrence, unless the seller or agent has actual knowledge that the information has become inaccurate. (b) If information disclosed in accordance with this article is subsequently rendered inaccurate as a result of any governmental action, map revision, changed information, or other act or occurrence subsequent to the delivery of the required disclosures, the inaccuracy resulting therefrom does not constitute a violation of this article. (Amended by Stats. 2018, Ch. 907, Sec. 25. (AB 1289) Effective January 1, 2019.)
  120. 1103.7.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.7. Disclosure of Natural and Environmental Hazards, Right-to-Farm, and Other Disclosures Upon Transfer of Residential Property [1103 - 1103.15] ( Heading of Article 1.7 amended by Stats. 2008, Ch. 686, Sec. 2. )

    Verify source ↗

    Disclosures required by this article, and acts done to make them, must be made in good faith.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.7. Disclosure of Natural and Environmental Hazards, Right-to-Farm, and Other Disclosures Upon Transfer of Residential Property [1103 - 1103.15] ( Heading of Article 1.7 amended by Stats. 2008, Ch. 686, Sec. 2. ) ## 1103.7. Each disclosure required by this article and each act that may be performed in making the disclosure shall be made in good faith. For purposes of this article, “good faith” means honesty in fact in the conduct of the transaction. (Added by Stats. 1999, Ch. 876, Sec. 3. Effective January 1, 2000.)
  121. 1103.8.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.7. Disclosure of Natural and Environmental Hazards, Right-to-Farm, and Other Disclosures Upon Transfer of Residential Property [1103 - 1103.15] ( Heading of Article 1.7 amended by Stats. 2008, Ch. 686, Sec. 2. )

    Verify source ↗

    This section says the article’s disclosure list does not reduce other disclosure obligations, and it does not change the existing duty of real estate brokers or salespersons under Section 2079.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.7. Disclosure of Natural and Environmental Hazards, Right-to-Farm, and Other Disclosures Upon Transfer of Residential Property [1103 - 1103.15] ( Heading of Article 1.7 amended by Stats. 2008, Ch. 686, Sec. 2. ) ## 1103.8. (a) The specification of items for disclosure in this article does not limit or abridge any obligation for disclosure created by any other provision of law or that may exist in order to avoid fraud, misrepresentation, or deceit in the sale transaction. The Legislature does not intend to affect the existing obligations of the parties to a real estate contract, or their agents, to disclose any fact materially affecting the value and desirability of the property, including, but not limited to, the physical condition of the property and previously received reports of physical inspection noted on the disclosure form provided pursuant to Section 1102.6 or 1102.6a. (b) Nothing in this article shall be construed to change the duty of a real estate broker or salesperson pursuant to Section 2079. (Amended by Stats. 2018, Ch. 907, Sec. 26. (AB 1289) Effective January 1, 2019.)
  122. 1103.9.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.7. Disclosure of Natural and Environmental Hazards, Right-to-Farm, and Other Disclosures Upon Transfer of Residential Property [1103 - 1103.15] ( Heading of Article 1.7 amended by Stats. 2008, Ch. 686, Sec. 2. )

    Verify source ↗

    A seller or the seller’s agent may amend a disclosure in writing, but the amendment must follow Section 1103.3.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 1.7. Disclosure of Natural and Environmental Hazards, Right-to-Farm, and Other Disclosures Upon Transfer of Residential Property [1103 - 1103.15] ( Heading of Article 1.7 amended by Stats. 2008, Ch. 686, Sec. 2. ) ## 1103.9. Any disclosure made pursuant to this article may be amended in writing by the seller or the seller’s agent, but the amendment shall be subject to Section 1103.3. (Amended by Stats. 2018, Ch. 907, Sec. 27. (AB 1289) Effective January 1, 2019.)
  123. 1104.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Effect of Transfer [1104 - 1134] ( Article 2 enacted 1872. )

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    A transfer of real property includes easements attached to the property and may create an easement to use other real property in the same way it was obviously and permanently used at the time of transfer.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Effect of Transfer [1104 - 1134] ( Article 2 enacted 1872. ) ## 1104. A transfer of real property passes all easements attached thereto, and creates in favor thereof an easement to use other real property of the person whose estate is transferred in the same manner and to the same extent as such property was obviously and permanently used by the person whose estate is transferred, for the benefit thereof, at the time when the transfer was agreed upon or completed. (Enacted 1872.)
  124. 1105.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Effect of Transfer [1104 - 1134] ( Article 2 enacted 1872. )

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    A grant of real property is presumed to transfer fee simple title unless the grant shows a lesser estate was intended.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Effect of Transfer [1104 - 1134] ( Article 2 enacted 1872. ) ## 1105. A fee simple title is presumed to be intended to pass by a grant of real property, unless it appears from the grant that a lesser estate was intended. (Enacted 1872.)
  125. 1106.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Effect of Transfer [1104 - 1134] ( Article 2 enacted 1872. )

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    If someone conveys real property in fee simple and later acquires title to it, that later-acquired title automatically passes to the grantee or the grantee’s successors.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Effect of Transfer [1104 - 1134] ( Article 2 enacted 1872. ) ## 1106. Where a person purports by proper instrument to grant real property in fee simple, and subsequently acquires any title, or claim of title thereto, the same passes by operation of law to the grantee, or his successors. (Enacted 1872.)
  126. 1107.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Effect of Transfer [1104 - 1134] ( Article 2 enacted 1872. )

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    A real-property grant is binding against the grantor and later claimants, except for a good-faith purchaser or incumbrancer who gives value and records first.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Effect of Transfer [1104 - 1134] ( Article 2 enacted 1872. ) ## 1107. Every grant of an estate in real property is conclusive against the grantor, also against every one subsequently claiming under him, except a purchaser or incumbrancer who in good faith and for a valuable consideration acquires a title or lien by an instrument that is first duly recorded. (Enacted 1872.)
  127. 1108.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Effect of Transfer [1104 - 1134] ( Article 2 enacted 1872. )

    Verify source ↗

    If a life tenant or tenant for years tries to grant more than they can lawfully transfer, the grant does not forfeit their estate and instead passes only the interest they could legally transfer.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Effect of Transfer [1104 - 1134] ( Article 2 enacted 1872. ) ## 1108. A grant made by the owner of an estate for life or years, purporting to transfer a greater estate than he could lawfully transfer, does not work a forfeiture of his estate, but passes to the grantee all the estate which the grantor could lawfully transfer. (Enacted 1872.)
  128. 1109.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Effect of Transfer [1104 - 1134] ( Article 2 enacted 1872. )

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    If a grant with a condition subsequent is defeated because the condition is not performed, the person entitled to hold under the grant must reconvey the property to the grantor or the grantor’s successors.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Effect of Transfer [1104 - 1134] ( Article 2 enacted 1872. ) ## 1109. Where a grant is made upon condition subsequent, and is subsequently defeated by the non-performance of the condition, the person otherwise entitled to hold under the grant must reconvey the property to the grantor or his successors, by grant, duly acknowledged for record. (Enacted 1872.)
  129. 1111.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Effect of Transfer [1104 - 1134] ( Article 2 enacted 1872. )

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    Grants of rents, reversions, or remainders are valid without tenant attornment; a tenant who paid rent to the grantor before notice of the grant is not to be harmed by that payment.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Effect of Transfer [1104 - 1134] ( Article 2 enacted 1872. ) ## 1111. Grants of rents or of reversions or of remainders are good and effectual without attornments of the tenants; but no tenant who, before notice of the grant, shall have paid rent to the grantor, must suffer any damage thereby. (Enacted 1872.)
  130. 1113.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Effect of Transfer [1104 - 1134] ( Article 2 enacted 1872. )

    Verify source ↗

    Using the word “grant” in a qualifying conveyance implies two covenants by the grantor unless the conveyance says otherwise.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Effect of Transfer [1104 - 1134] ( Article 2 enacted 1872. ) ## 1113. From the use of the word “grant” in any conveyance by which an estate of inheritance or fee simple is to be passed, the following covenants, and none other, on the part of the grantor for himself and his heirs to the grantee, his heirs, and assigns, are implied, unless restrained by express terms contained in such conveyance: 1. That previous to the time of the execution of such conveyance, the grantor has not conveyed the same estate, or any right, title, or interest therein, to any person other than the grantee; 2. That such estate is at the time of the execution of such conveyance free from incumbrances done, made, or suffered by the grantor, or any person claiming under him. Such covenants may be sued upon in the same manner as if they had been expressly inserted in the conveyance. (Enacted 1872.)
  131. 1115.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Effect of Transfer [1104 - 1134] ( Article 2 enacted 1872. )

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    Lineal and collateral warrantees are abolished, and heirs and devisees can be held answerable for certain title-related covenants or agreements tied to real property.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Effect of Transfer [1104 - 1134] ( Article 2 enacted 1872. ) ## 1115. Lineal and collateral warrantees, with all their incidents, are abolished; but the heirs and devisees of every person who has made any covenant or agreement in reference to the title of, in, or to any real property, are answerable upon such covenant or agreement to the extent of the land descended or devised to them, in the cases and in the manner prescribed by law. (Enacted 1872.)
  132. 1133.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Effect of Transfer [1104 - 1134] ( Article 2 enacted 1872. )

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    A subdivider, agent, or representative generally may not sell or lease for more than five years a lot, parcel, or unit subject to a blanket encumbrance until the buyer or lessee gets and signs the required notice.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Effect of Transfer [1104 - 1134] ( Article 2 enacted 1872. ) ## 1133. (a) If a lot, parcel, or unit of a subdivision is subject to a blanket encumbrance, as defined in Section 11013 of the Business and Professions Code, but is exempt from a requirement of compliance with Section 11013.2 of the Business and Professions Code, the subdivider, his or her agent, or representative, shall not sell, or lease for a term exceeding five years, the lot, parcel, or unit, nor cause it to be sold, or leased for a term exceeding five years, until the prospective purchaser or lessee of the lot, parcel, or unit has been furnished with and has signed a true copy of the following notice: BUYER/LESSEE IS AWARE OF THE FACT THAT THE LOT, PARCEL, OR UNIT WHICH HE OR SHE IS PROPOSING TO PURCHASE OR LEASE IS SUBJECT TO A DEED OF TRUST, MORTGAGE, OR OTHER LIEN KNOWN AS A “BLANKET ENCUMBRANCE.” IF BUYER/LESSEE PURCHASES OR LEASES THIS LOT, PARCEL, OR UNIT, HE OR SHE COULD LOSE THAT INTEREST THROUGH FORECLOSURE OF THE BLANKET ENCUMBRANCE OR OTHER LEGAL PROCESS EVEN THOUGH BUYER/LESSEE IS NOT DELINQUENT IN HIS OR HER PAYMENTS OR OTHER OBLIGATIONS UNDER THE MORTGAGE, DEED OF TRUST, OR LEASE. ______ ________________ DateSignature of Buyer or Lessee (b) “Subdivision,” as used in subdivision (a), means improved or unimproved land that is divided or proposed to be divided for the purpose of sale, lease, or financing, whether immediate or future, into two or more lots, parcels, or units and includes a condominium project, as defined in Section 4125 or 6542, a community apartment project, as defined in Section 4105, a stock cooperative, as defined in Section 4190 or 6566, and a limited equity housing cooperative, as defined in Section 4190. (c) The failure of the buyer or lessee to sign the notice shall not invalidate any grant, conveyance, lease, or encumbrance. (d) Any person or entity who willfully violates the provisions of this section shall be liable to the purchaser of a lot or unit which is subject to the provisions of this section for actual damages, and, in addition thereto, shall be guilty of a public offense punishable by a fine in an amount not to exceed five hundred dollars ($500). In an action to enforce the liability or fine, the prevailing party shall be awarded reasonable attorney’s fees. (Amended (as amended by Stats. 2012, Ch. 181, Sec. 35) by Stats. 2013, Ch. 605, Sec. 15. (SB 752) Effective January 1, 2014.)
  133. 1134.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Effect of Transfer [1104 - 1134] ( Article 2 enacted 1872. )

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    Before the first sale of a converted residential condominium, community apartment project, or stock cooperative unit, the owner or subdivider must give the buyer a written defect statement or a disclaimer, and late disclosure can give the buyer a short right to cancel.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 2. Transfer of Real Property [1091 - 1134] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Effect of Transfer [1104 - 1134] ( Article 2 enacted 1872. ) ## 1134. (a) As soon as practicable before transfer of title for the first sale of a unit in a residential condominium, community apartment project, or stock cooperative which was converted from an existing dwelling to a condominium project, community apartment project, or stock cooperative, the owner or subdivider, or agent of the owner or subdivider, shall deliver to a prospective buyer a written statement listing all substantial defects or malfunctions in the major systems in the unit and common areas of the premises, or a written statement disclaiming knowledge of any such substantial defects or malfunctions. The disclaimer may be delivered only after the owner or subdivider has inspected the unit and the common areas and has not discovered a substantial defect or malfunction which a reasonable inspection would have disclosed. (b) If any disclosure required to be made by this section is delivered after the execution of an agreement to purchase, the buyer shall have three days after delivery in person or five days after delivery by deposit in the mail, to terminate his or her agreement by delivery of written notice of that termination to the owner, subdivider, or agent. Any disclosure delivered after the execution of an agreement to purchase shall contain a statement describing the buyer’s right, method and time to rescind as prescribed by this subdivision. (c) For the purposes of this section: (1) “Major systems” includes, but is not limited to, the roof, walls, floors, heating, air conditioning, plumbing, electrical systems or components of a similar or comparable nature, and recreational facilities. (2) Delivery to a prospective buyer of the written statement required by this section shall be deemed effected when delivered personally or by mail to the prospective buyer or to an agent thereof, or to a spouse unless the agreement provides to the contrary. Delivery shall also be made to additional prospective buyers who have made a request therefor in writing. (3) “Prospective buyer” includes any person who makes an offer to purchase a unit in the condominium, community apartment project, or stock cooperative. (d) Any person who willfully fails to carry out the requirements of this section shall be liable in the amount of actual damages suffered by the buyer. (e) Nothing in this section shall preclude the injured party from pursuing any remedy available under any other provision of law. (f) No transfer of title to a unit subject to the provisions of this chapter shall be invalid solely because of the failure of any person to comply with the requirements of this section. (g) The written statement required by this section shall not abridge or limit any other obligation of disclosure created by any other provision of law or which is or may be required to avoid fraud, deceit, or misrepresentation in the transaction. (Added by Stats. 1981, Ch. 811, Sec. 1. Operative July 1, 1982, by Sec. 2 of Ch. 811.)
  134. 1135.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 3. Transfer of Personal Property [1135 - 1148] ( Chapter 3 enacted 1872. ) ## ARTICLE 1. Mode of Transfer [1135 - 1140] ( Article 1 enacted 1872. )

    Verify source ↗

    An interest in a ship may be transferred only by operation of law or by a written instrument signed by the transferor or the transferor’s agent.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 3. Transfer of Personal Property [1135 - 1148] ( Chapter 3 enacted 1872. ) ## ARTICLE 1. Mode of Transfer [1135 - 1140] ( Article 1 enacted 1872. ) ## 1135. An interest in a ship can be transferred only by operation of law, or by written instrument, subscribed by the person making the transfer, or by his agent. (Amended by Stats. 1931, Ch. 1070.)
  135. 1140.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 3. Transfer of Personal Property [1135 - 1148] ( Chapter 3 enacted 1872. ) ## ARTICLE 1. Mode of Transfer [1135 - 1140] ( Article 1 enacted 1872. )

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    The customer generally keeps rights and title to a die, mold, or form held by the molder unless there is a contrary agreement. If the customer does not claim it within the stated time limits, the molder can receive title by operation of law after notice and may later destroy or dispose of it, subject to certain customer rights.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 3. Transfer of Personal Property [1135 - 1148] ( Chapter 3 enacted 1872. ) ## ARTICLE 1. Mode of Transfer [1135 - 1140] ( Article 1 enacted 1872. ) ## 1140. (a) For purposes of this section: (1) The term “customer” means any individual or entity who causes or caused a molder to fabricate, cast, or otherwise make a die, mold, or form. (2) The term “molder” means any individual or entity, including, but not limited to, a tool or die maker, who fabricates, casts, or otherwise makes a die, mold, or form. (3) For purposes of this section, the term “within three years following the last prior use” shall be construed to include any period following the last prior use of a die, mold, or form regardless of whether or not that period precedes the effective date of this section. (b) In the absence of any agreement to the contrary, the customer shall have all rights and title to any die, mold, or form in the possession of the molder. (c) If a customer does not claim possession from a molder of a die, mold, or form within three years following the last prior use thereof, all rights and title to any die, mold, or form may be transferred by operation of law to the molder for the purpose of destroying or otherwise disposing of such die, mold, or form, consistent with this section. (d) If a molder chooses to have all rights and title to any die, mold, or form transferred to the molder by operation of law, the molder shall send written notice by registered mail to the chief executive officer of the customer or, if the customer is not a business entity, to the customer himself or herself at the customer’s last known address indicating that the molder intends to terminate the customer’s rights and title by having all such rights and title transferred to the molder by operation of law pursuant to this section. (e) If a customer does not respond in person or by mail to claim possession of the particular die, mold, or form within 120 days following the date the notice was sent, or does not make other contractual arrangements with the molder for storage thereof, all rights and title of the customer shall transfer by operation of law to the molder. Thereafter, the molder may destroy or otherwise dispose of the particular mold, tool, or die as the molder’s own property without any risk of liability to the customer, except that this section shall not be construed in any manner to affect any right of the customer, under federal patent or copyright law or any state or federal law pertaining to unfair competition. (Amended by Stats. 1981, Ch. 290, Sec. 1.)
  136. 1146.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 3. Transfer of Personal Property [1135 - 1148] ( Chapter 3 enacted 1872. ) ## ARTICLE 3. Gifts [1146 - 1148] ( Article 3 enacted 1872. )

    Verify source ↗

    A gift is a voluntary transfer of personal property made without consideration.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 3. Transfer of Personal Property [1135 - 1148] ( Chapter 3 enacted 1872. ) ## ARTICLE 3. Gifts [1146 - 1148] ( Article 3 enacted 1872. ) ## 1146. A gift is a transfer of personal property, made voluntarily, and without consideration. (Enacted 1872.)
  137. 1147.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 3. Transfer of Personal Property [1135 - 1148] ( Chapter 3 enacted 1872. ) ## ARTICLE 3. Gifts [1146 - 1148] ( Article 3 enacted 1872. )

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    A verbal gift is invalid unless the giver also gives the donee the means to obtain possession and control, and if the item can be delivered, there must be actual or symbolic delivery to the donee.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 3. Transfer of Personal Property [1135 - 1148] ( Chapter 3 enacted 1872. ) ## ARTICLE 3. Gifts [1146 - 1148] ( Article 3 enacted 1872. ) ## 1147. A verbal gift is not valid, unless the means of obtaining possession and control of the thing are given, nor, if it is capable of delivery, unless there is an actual or symbolical delivery of the thing to the donee. (Enacted 1872.)
  138. 1148.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 3. Transfer of Personal Property [1135 - 1148] ( Chapter 3 enacted 1872. ) ## ARTICLE 3. Gifts [1146 - 1148] ( Article 3 enacted 1872. )

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    A giver cannot revoke a gift, except a gift made in view of impending death.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 3. Transfer of Personal Property [1135 - 1148] ( Chapter 3 enacted 1872. ) ## ARTICLE 3. Gifts [1146 - 1148] ( Article 3 enacted 1872. ) ## 1148. A gift, other than a gift in view of impending death, cannot be revoked by the giver. (Amended by Stats. 1991, Ch. 1055, Sec. 2.)
  139. 1169.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 4. Recording Transfers [1169 - 1220] ( Chapter 4 enacted 1872. ) ## ARTICLE 2. Mode of Recording [1169 - 1173] ( Article 2 enacted 1872. )

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    Instruments entitled to be recorded must be recorded by the County Recorder of the county where the affected real property is located.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 4. Recording Transfers [1169 - 1220] ( Chapter 4 enacted 1872. ) ## ARTICLE 2. Mode of Recording [1169 - 1173] ( Article 2 enacted 1872. ) ## 1169. Instruments entitled to be recorded must be recorded by the County Recorder of the county in which the real property affected thereby is situated. (Enacted 1872.)
  140. 1171.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 4. Recording Transfers [1169 - 1220] ( Chapter 4 enacted 1872. ) ## ARTICLE 2. Mode of Recording [1169 - 1173] ( Article 2 enacted 1872. )

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    Grants absolute in terms must be recorded in one set of books, and mortgages in another.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 4. Recording Transfers [1169 - 1220] ( Chapter 4 enacted 1872. ) ## ARTICLE 2. Mode of Recording [1169 - 1173] ( Article 2 enacted 1872. ) ## 1171. Grants, absolute in terms, are to be recorded in one set of books, and mortgages in another. (Enacted 1872.)
  141. 1172.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 4. Recording Transfers [1169 - 1220] ( Chapter 4 enacted 1872. ) ## ARTICLE 2. Mode of Recording [1169 - 1173] ( Article 2 enacted 1872. )

    Verify source ↗

    County recorders’ duties for recording instruments are set by the Government Code.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 4. Recording Transfers [1169 - 1220] ( Chapter 4 enacted 1872. ) ## ARTICLE 2. Mode of Recording [1169 - 1173] ( Article 2 enacted 1872. ) ## 1172. The duties of county recorders, in respect to recording instruments, are prescribed by the Government Code. (Amended by Stats. 1959, Ch. 593.)
  142. 1173.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 4. Recording Transfers [1169 - 1220] ( Chapter 4 enacted 1872. ) ## ARTICLE 2. Mode of Recording [1169 - 1173] ( Article 2 enacted 1872. )

    Verify source ↗

    The recording method for transfers of U.S.-registered ships is governed by Acts of Congress.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 4. Recording Transfers [1169 - 1220] ( Chapter 4 enacted 1872. ) ## ARTICLE 2. Mode of Recording [1169 - 1173] ( Article 2 enacted 1872. ) ## 1173. The mode of recording transfers of ships registered under the laws of the United States is regulated by Acts of Congress. (Enacted 1872.)
  143. 1180.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 4. Recording Transfers [1169 - 1220] ( Chapter 4 enacted 1872. ) ## ARTICLE 3. Proof and Acknowledgment of Instruments [1180 - 1207] ( Article 3 enacted 1872. )

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    Proof or acknowledgment of an instrument may be made anywhere in California before certain listed officials.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 4. Recording Transfers [1169 - 1220] ( Chapter 4 enacted 1872. ) ## ARTICLE 3. Proof and Acknowledgment of Instruments [1180 - 1207] ( Article 3 enacted 1872. ) ## 1180. The proof or acknowledgment of an instrument may be made at any place within this state before a justice, retired justice, or Clerk/Executive Officer of the Supreme Court, a justice, retired justice, or clerk of any court of appeal or judge or retired judge of a superior court, or the Secretary of the Senate or Chief Clerk of the Assembly. (Amended by Stats. 2017, Ch. 36, Sec. 3. (AB 452) Effective January 1, 2018.)
  144. 1181.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 4. Recording Transfers [1169 - 1220] ( Chapter 4 enacted 1872. ) ## ARTICLE 3. Proof and Acknowledgment of Instruments [1180 - 1207] ( Article 3 enacted 1872. )

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    An instrument’s proof or acknowledgment may be taken before a notary public anywhere in the state, or in the county or city and county where certain officers were elected or appointed, before listed officials.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 4. Recording Transfers [1169 - 1220] ( Chapter 4 enacted 1872. ) ## ARTICLE 3. Proof and Acknowledgment of Instruments [1180 - 1207] ( Article 3 enacted 1872. ) ## 1181. The proof or acknowledgment of an instrument may be made before a notary public at any place within this state, or within the county or city and county in this state in which the officer specified below was elected or appointed, before either: (a) A clerk of a superior court. (b) A county clerk. (c) A court commissioner. (d) A retired judge of a municipal or justice court. (e) A district attorney. (f) A clerk of a board of supervisors. (g) A city clerk. (h) A county counsel. (i) A city attorney. (j) Secretary of the Senate. (k) Chief Clerk of the Assembly. (Amended by Stats. 2002, Ch. 784, Sec. 12. Effective January 1, 2003.)
  145. 1182.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 4. Recording Transfers [1169 - 1220] ( Chapter 4 enacted 1872. ) ## ARTICLE 3. Proof and Acknowledgment of Instruments [1180 - 1207] ( Article 3 enacted 1872. )

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    Certain officers may take proof or acknowledgment of an instrument outside the state but within the United States and within their jurisdiction.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 4. Recording Transfers [1169 - 1220] ( Chapter 4 enacted 1872. ) ## ARTICLE 3. Proof and Acknowledgment of Instruments [1180 - 1207] ( Article 3 enacted 1872. ) ## 1182. The proof or acknowledgment of an instrument may be taken without this state, but within the United States, and within the jurisdiction of the officer, by any of the following: (a) A justice, judge, or clerk of any court of record of the United States. (b) A justice, judge, or clerk of any court of record of any state. (c) A commissioner appointed by the Governor or Secretary of State for that purpose. (d) A notary public. (e) Any other officer of the state where the acknowledgment is made authorized by its laws to take such proof or acknowledgment. (Amended by Stats. 2023, Ch. 291, Sec. 3. (SB 696) Effective January 1, 2024.)
  146. 1183.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 4. Recording Transfers [1169 - 1220] ( Chapter 4 enacted 1872. ) ## ARTICLE 3. Proof and Acknowledgment of Instruments [1180 - 1207] ( Article 3 enacted 1872. )

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    Outside the United States, certain listed officials may take the proof or acknowledgment of an instrument. If a notary public takes it, the notary’s signature must also be proved or acknowledged in one of the listed ways.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 4. Recording Transfers [1169 - 1220] ( Chapter 4 enacted 1872. ) ## ARTICLE 3. Proof and Acknowledgment of Instruments [1180 - 1207] ( Article 3 enacted 1872. ) ## 1183. (a) The proof or acknowledgment of an instrument may be taken without the United States, by any of the following: (1) A minister, commissioner, or chargè d’affaires of the United States, resident and accredited in the country where the proof or acknowledgment is made. (2) A consul, vice consul, or consular agent of the United States, resident in the country where the proof or acknowledgment is made. (3) A judge of a court of record of the country where the proof or acknowledgment is made. (4) Commissioners appointed by the Governor or Secretary of State for that purpose. (5) A notary public. (b) If the proof or acknowledgment is taken by a notary public, the signature of the notary public shall be proved or acknowledged (1) before a judge of a court of record of the country where the proof or acknowledgment is taken, or (2) by any American diplomatic officer, consul general, consul, vice consul, or consular agent, or (3) by an apostille (certification) affixed to the instrument pursuant to the terms of The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents. (Amended by Stats. 2023, Ch. 291, Sec. 4. (SB 696) Effective January 1, 2024.)
  147. 1183.5.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 4. Recording Transfers [1169 - 1220] ( Chapter 4 enacted 1872. ) ## ARTICLE 3. Proof and Acknowledgment of Instruments [1180 - 1207] ( Article 3 enacted 1872. )

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    Certain military officers with notary powers may perform notarial acts for specified service-related persons, and acknowledgments or oaths before them are not invalid if the place is omitted.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 4. Recording Transfers [1169 - 1220] ( Chapter 4 enacted 1872. ) ## ARTICLE 3. Proof and Acknowledgment of Instruments [1180 - 1207] ( Article 3 enacted 1872. ) ## 1183.5. Any officer on active duty or performing inactive-duty training in the armed forces having the general powers of a notary public pursuant to Section 936 or 1044a of Title 10 of the United States Code (Public Law 90-632 and 101-510) and any successor statutes may perform all notarial acts for any person serving in the armed forces of the United States, wherever he or she may be, or for any spouse of a person serving in the armed forces, wherever he or she may be, or for any person eligible for legal assistance under laws and regulations of the United States, wherever he or she may be, for any person serving with, employed by, or accompanying such armed forces outside the United States and outside the Canal Zone, Puerto Rico, Guam and the Virgin Islands, and any person subject to the Uniform Code of Military Justice outside of the United States. Any instrument acknowledged by any such officer or any oath or affirmation made before such officer shall not be rendered invalid by the failure to state therein the place of execution or acknowledgment. No seal or authentication of the officer’s certificate of acknowledgment or of any jurat signed by him or her shall be required but the officer taking the acknowledgment shall endorse thereon or attach thereto a certificate substantially in a form authorized by the laws of this state or in the following form: On this the ___ day of ____, 19_, before me _____, the undersigned officer, personally appeared _____ known to me (or satisfactorily proven) to be (a) serving in the armed forces of the United States, (b) a spouse of a person serving in the armed forces of the United States, or (c) a person serving with, employed by, or accompanying the armed forces of the United States outside the United States and outside the Canal Zone, Puerto Rico, Guam, and the Virgin Islands, and to be the person whose name is subscribed to the within instrument and acknowledged that he or she executed the same. And the undersigned does further certify that he or she is at the date of this certificate a commissioned officer of the armed forces of the United States having the general powers of a notary public under the provisions of Section 936 or 1044a of Title 10 of the United States Code (Public Law 90-632 and 101-510). Signature of officer, rank, branch of service and capacity in which signed. To any affidavit subscribed and sworn to before such officer there shall be attached a jurat substantially in the following form: Subscribed and sworn to before me on this ____ day of _______, 19__. Signature of officer, rank, branch of service and capacity in which signed. The recitals contained in any such certificate or jurat shall be prima facie evidence of the truth thereof, and any certificate of acknowledgment, oath or affirmation purporting to have been made by any commissioned officer of the Army, Air Force, Navy, Marine Corps or Coast Guard shall, notwithstanding the omission of any specific recitals therein, constitute presumptive evidence of the existence of the facts necessary to authorize such acknowledgment, oath or affirmation to be taken by the certifying officer pursuant to this section. (Amended by Stats. 1994, Ch. 587, Sec. 1. Effective January 1, 1995.)
  148. 1184.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 4. Recording Transfers [1169 - 1220] ( Chapter 4 enacted 1872. ) ## ARTICLE 3. Proof and Acknowledgment of Instruments [1180 - 1207] ( Article 3 enacted 1872. )

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    A deputy may take an acknowledgment or proof for certain officers if the law authorizes those officers to appoint a deputy.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 4. Recording Transfers [1169 - 1220] ( Chapter 4 enacted 1872. ) ## ARTICLE 3. Proof and Acknowledgment of Instruments [1180 - 1207] ( Article 3 enacted 1872. ) ## 1184. When any of the officers mentioned in Sections 1180, 1181, 1182, and 1183 are authorized by a law to appoint a deputy, the acknowledgment or proof may be taken by such deputy, in the name of his principal. (Amended by Stats. 1953, Ch. 457.)
  149. 1185.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 4. Recording Transfers [1169 - 1220] ( Chapter 4 enacted 1872. ) ## ARTICLE 3. Proof and Acknowledgment of Instruments [1180 - 1207] ( Article 3 enacted 1872. )

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    An officer may not take an acknowledgment unless they have satisfactory evidence of the signer’s identity.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 4. Recording Transfers [1169 - 1220] ( Chapter 4 enacted 1872. ) ## ARTICLE 3. Proof and Acknowledgment of Instruments [1180 - 1207] ( Article 3 enacted 1872. ) ## 1185. (a) The acknowledgment of an instrument shall not be taken unless the officer taking it has satisfactory evidence that the person making the acknowledgment is the individual who is described in and who executed the instrument. (b) For purposes of this section, “satisfactory evidence” means the absence of information, evidence, or other circumstances that would lead a reasonable person to believe that the person making the acknowledgment is not the individual he or she claims to be and any one of the following: (1) (A) The oath or affirmation of a credible witness personally known to the officer, whose identity is proven to the officer upon presentation of a document satisfying the requirements of paragraph (3) or (4), that the person making the acknowledgment is personally known to the witness and that each of the following are true: (i) The person making the acknowledgment is the person named in the document. (ii) The person making the acknowledgment is personally known to the witness. (iii) That it is the reasonable belief of the witness that the circumstances of the person making the acknowledgment are such that it would be very difficult or impossible for that person to obtain another form of identification. (iv) The person making the acknowledgment does not possess any of the identification documents named in paragraphs (3) and (4). (v) The witness does not have a financial interest in the document being acknowledged and is not named in the document. (B) A notary public who violates this section by failing to obtain the satisfactory evidence required by subparagraph (A) shall be subject to a civil penalty not exceeding ten thousand dollars ($10,000). An action to impose this civil penalty may be brought by the Secretary of State in an administrative proceeding or a public prosecutor in superior court, and shall be enforced as a civil judgment. A public prosecutor shall inform the secretary of any civil penalty imposed under this subparagraph. (2) The oath or affirmation under penalty of perjury of two credible witnesses, whose identities are proven to the officer upon the presentation of a document satisfying the requirements of paragraph (3) or (4), that each statement in paragraph (1) is true. (3) Reasonable reliance on the presentation to the officer of any one of the following, if the document or other form of identification is current or has been issued within five years: (A) An identification card or driver’s license issued by the Department of Motor Vehicles. (B) A passport issued by the Department of State of the United States. (C) An inmate identification card issued by the Department of Corrections and Rehabilitation, if the inmate is in custody in prison. (D) Any form of inmate identification issued by a sheriff’s department, if the inmate is in custody in a local detention facility. (4) Reasonable reliance on the presentation of any one of the following, provided that a document specified in subparagraphs (A) to (F), inclusive, shall either be current or have been issued within five years and shall contain a photograph and description of the person named on it, shall be signed by the person, and shall bear a serial or other identifying number: (A) A valid consular identification document issued by a consulate from the applicant’s country of citizenship, or a valid passport from the applicant’s country of citizenship. (B) A driver’s license issued by a state other than California or by a Canadian or Mexican public agency authorized to issue driver’s licenses. (C) An identification card issued by a state other than California. (D) An identification card issued by any branch of the Armed Forces of the United States. (E) An employee identification card issued by an agency or office of the State of California, or by an agency or office of a city, county, or city and county in this state. (F) An identification card issued by a federally recognized tribal government. (c) An officer who has taken an acknowledgment pursuant to this section shall be presumed to have operated in accordance with the provisions of law. (d) A party who files an action for damages based on the failure of the officer to establish the proper identity of the person making the acknowledgment shall have the burden of proof in establishing the negligence or misconduct of the officer. (e) A person convicted of perjury under this section shall forfeit any financial interest in the document. (Amended by Stats. 2016, Ch. 762, Sec. 1.5. (AB 2566) Effective January 1, 2017.)
  150. 1188.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 4. Recording Transfers [1169 - 1220] ( Chapter 4 enacted 1872. ) ## ARTICLE 3. Proof and Acknowledgment of Instruments [1180 - 1207] ( Article 3 enacted 1872. )

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    An officer who takes an acknowledgment must endorse the instrument or attach a certificate under Section 1189.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 4. Recording Transfers [1169 - 1220] ( Chapter 4 enacted 1872. ) ## ARTICLE 3. Proof and Acknowledgment of Instruments [1180 - 1207] ( Article 3 enacted 1872. ) ## 1188. An officer taking the acknowledgment of an instrument shall endorse thereon or attach thereto a certificate pursuant to Section 1189. (Amended by Stats. 2013, Ch. 78, Sec. 1. (AB 464) Effective January 1, 2014.)
  151. 1189.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 4. Recording Transfers [1169 - 1220] ( Chapter 4 enacted 1872. ) ## ARTICLE 3. Proof and Acknowledgment of Instruments [1180 - 1207] ( Article 3 enacted 1872. )

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    This section requires California acknowledgment certificates to include a boxed notice, lets a California notary complete certain out-of-state acknowledgment forms only if California limits are respected, and penalizes a notary who knowingly makes a false material statement.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 4. Recording Transfers [1169 - 1220] ( Chapter 4 enacted 1872. ) ## ARTICLE 3. Proof and Acknowledgment of Instruments [1180 - 1207] ( Article 3 enacted 1872. ) ## 1189. (a) (1) Any certificate of acknowledgment taken within this state shall include a notice at the top of the certificate of acknowledgment in an enclosed box stating: “A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.” This notice shall be legible. (2) The physical format of the boxed notice at the top of the certificate of acknowledgment required pursuant to paragraph (3) is an example, for purposes of illustration and not limitation, of the physical format of a boxed notice fulfilling the requirements of paragraph (1). (3) A certificate of acknowledgment taken within this state shall be in the following form: A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. _____ State of California ⎫ _____ County of ⎭ _____ _____ _____ _____ Onbefore me, (here insert name and title of the officer), personally appeared, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature(Seal) (4) A notary public who willfully states as true any material fact that he or she knows to be false shall be subject to a civil penalty not exceeding ten thousand dollars ($10,000). An action to impose a civil penalty under this subdivision may be brought by the Secretary of State in an administrative proceeding or any public prosecutor in superior court, and shall be enforced as a civil judgment. A public prosecutor shall inform the secretary of any civil penalty imposed under this section. (b) Any certificate of acknowledgment taken in another place shall be sufficient in this state if it is taken in accordance with the laws of the place where the acknowledgment is made. (c) On documents to be filed in another state or jurisdiction of the United States, a California notary public may complete any acknowledgment form as may be required in that other state or jurisdiction on a document, provided the form does not require the notary to determine or certify that the signer holds a particular representative capacity or to make other determinations and certifications not allowed by California law. (d) An acknowledgment provided prior to January 1, 1993, and conforming to applicable provisions of former Sections 1189, 1190, 1190a, 1190.1, 1191, and 1192, as repealed by Chapter 335 of the Statutes of 1990, shall have the same force and effect as if those sections had not been repealed. (Amended by Stats. 2014, Ch. 197, Sec. 1. (SB 1050) Effective January 1, 2015.)
  152. 1190.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 4. Recording Transfers [1169 - 1220] ( Chapter 4 enacted 1872. ) ## ARTICLE 3. Proof and Acknowledgment of Instruments [1180 - 1207] ( Article 3 enacted 1872. )

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    A certificate of acknowledgment signed by a duly authorized person can serve as proof that the entity approved the instrument, and it is conclusive in favor of good faith purchasers, lessees, or encumbrancers.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 4. Recording Transfers [1169 - 1220] ( Chapter 4 enacted 1872. ) ## ARTICLE 3. Proof and Acknowledgment of Instruments [1180 - 1207] ( Article 3 enacted 1872. ) ## 1190. The certificate of acknowledgment of an instrument executed on behalf of an incorporated or unincorporated entity by a duly authorized person in the form specified in Section 1189 shall be prima facie evidence that the instrument is the duly authorized act of the entity named in the instrument and shall be conclusive evidence thereof in favor of any good faith purchaser, lessee, or encumbrancer. “Duly authorized person,” with respect to a domestic or foreign corporation, includes the president, vice president, secretary, and assistant secretary of the corporation. (Added by Stats. 1990, Ch. 1070, Sec. 3.)
  153. 1193.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 4. Recording Transfers [1169 - 1220] ( Chapter 4 enacted 1872. ) ## ARTICLE 3. Proof and Acknowledgment of Instruments [1180 - 1207] ( Article 3 enacted 1872. )

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    Officers who take and certify acknowledgments or proof for record must authenticate their certificates with their signatures and office names, and add an official seal if one is required by the governing law.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 4. Recording Transfers [1169 - 1220] ( Chapter 4 enacted 1872. ) ## ARTICLE 3. Proof and Acknowledgment of Instruments [1180 - 1207] ( Article 3 enacted 1872. ) ## 1193. Officers taking and certifying acknowledgments or proof of instruments for record, must authenticate their certificates by affixing thereto their signatures, followed by the names of their offices; also, their seals of office, if by the laws of the State or country where the acknowledgment or proof is taken, or by authority of which they are acting, they are required to have official seals. (Enacted 1872.)
  154. 1195.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 4. Recording Transfers [1169 - 1220] ( Chapter 4 enacted 1872. ) ## ARTICLE 3. Proof and Acknowledgment of Instruments [1180 - 1207] ( Article 3 enacted 1872. )

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    This section says proof of execution of an unacknowledged instrument may be made by the signer, a subscribing witness, or certain other witnesses, and it requires a boxed notice in the certificate used within the state.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 4. Recording Transfers [1169 - 1220] ( Chapter 4 enacted 1872. ) ## ARTICLE 3. Proof and Acknowledgment of Instruments [1180 - 1207] ( Article 3 enacted 1872. ) ## 1195. (a) Proof of the execution of an instrument, when not acknowledged, may be made by any of the following: (1) By the party executing it, or either of them. (2) By a subscribing witness. (3) By other witnesses, in cases mentioned in Section 1198. (b) (1) Proof of the execution of a power of attorney, grant deed, mortgage, deed of trust, quitclaim deed, security agreement, or any instrument affecting real property is not permitted pursuant to Section 27287 of the Government Code, though proof of the execution of a trustee’s deed or deed of reconveyance is permitted. (2) Proof of the execution for any instrument requiring a notary public to obtain a thumbprint from the party signing the document in the notary public’s journal is not permitted. (c) Any certificate for proof of execution taken within this state shall include a notice at the top of the certificate for proof of execution in an enclosed box stating: “A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.” This notice shall be legible. (d) The physical format of the boxed notice at the top of the certificate for proof of execution required pursuant to subdivision (e) is an example, for purposes of illustration and not limitation, of the physical format of a boxed notice fulfilling the requirements of subdivision (c). (e) A certificate for proof of execution taken within this state shall be in the following form: _____ A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ⎫ ss. _____ County of ⎭ _____ On ____ (date), before me, _____ (name and title of officer), personally appeared ____ (name of subscribing witness), proved to me to be the person whose name is subscribed to the within instrument, as a witness thereto, on the oath of ____ (name of credible witness), a credible witness who is known to me and provided a satisfactory identifying document. ____ (name of subscribing witness), being by me duly sworn, said that he/she was present and saw/heard ____ (name[s] of principal[s]), the same person(s) described in and whose name(s) is/are subscribed to the within or attached instrument in his/her/their authorized capacity(ies) as (a) party(ies) thereto, execute or acknowledge executing the same, and that said affiant subscribed his/her name to the within or attached instrument as a witness at the request of ____ (name[s] of principal[s]). WITNESS my hand and official seal. Signature (Seal) (Amended by Stats. 2014, Ch. 197, Sec. 2. (SB 1050) Effective January 1, 2015.)
  155. 1196.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 4. Recording Transfers [1169 - 1220] ( Chapter 4 enacted 1872. ) ## ARTICLE 3. Proof and Acknowledgment of Instruments [1180 - 1207] ( Article 3 enacted 1872. )

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    A witness may be proved to be a subscribing witness by a credible witness’s oath and a document meeting Section 1185(b)(3) or (4).

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 4. Recording Transfers [1169 - 1220] ( Chapter 4 enacted 1872. ) ## ARTICLE 3. Proof and Acknowledgment of Instruments [1180 - 1207] ( Article 3 enacted 1872. ) ## 1196. A witness shall be proved to be a subscribing witness by the oath of a credible witness who provides the officer with any document satisfying the requirements of paragraph (3) or (4) of subdivision (b) of Section 1185. (Amended by Stats. 2008, Ch. 67, Sec. 2. Effective January 1, 2009.)
  156. 1197.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 4. Recording Transfers [1169 - 1220] ( Chapter 4 enacted 1872. ) ## ARTICLE 3. Proof and Acknowledgment of Instruments [1180 - 1207] ( Article 3 enacted 1872. )

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    A subscribing witness must prove the identity of the named party, that the party executed the instrument, and that the witness signed as a witness.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 4. Recording Transfers [1169 - 1220] ( Chapter 4 enacted 1872. ) ## ARTICLE 3. Proof and Acknowledgment of Instruments [1180 - 1207] ( Article 3 enacted 1872. ) ## 1197. The subscribing witness must prove that the person whose name is subscribed to the instrument as a party is the person described in it, and that such person executed it, and that the witness subcribed his name thereto as a witness. (Enacted 1872.)
  157. 1198.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 4. Recording Transfers [1169 - 1220] ( Chapter 4 enacted 1872. ) ## ARTICLE 3. Proof and Acknowledgment of Instruments [1180 - 1207] ( Article 3 enacted 1872. )

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    A person may prove an instrument’s execution by handwriting evidence in specified situations.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 4. Recording Transfers [1169 - 1220] ( Chapter 4 enacted 1872. ) ## ARTICLE 3. Proof and Acknowledgment of Instruments [1180 - 1207] ( Article 3 enacted 1872. ) ## 1198. The execution of an instrument may be established by proof of the handwriting of the party and of a subscribing witness, if there is one, in the following cases: 1. When the parties and all the subscribing witnesses are dead; or, 2. When the parties and all the subscribing witnesses are non-residents of the State; or, 3. When the place of their residence is unknown to the party desiring the proof, and cannot be ascertained by the exercise of due diligence; or, 4. When the subscribing witness conceals himself, or cannot be found by the officer by the exercise of due diligence in attempting to serve the subpoena or attachment; or, 5. In case of the continued failure or refusal of the witness to testify, for the space of one hour, after his appearance. (Enacted 1872.)
  158. 1200.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 4. Recording Transfers [1169 - 1220] ( Chapter 4 enacted 1872. ) ## ARTICLE 3. Proof and Acknowledgment of Instruments [1180 - 1207] ( Article 3 enacted 1872. )

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    An officer who takes proof of an instrument’s execution must record specified facts in the certificate, including required legal matters, witnesses’ names, residences, and the substance of their testimony.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 4. Recording Transfers [1169 - 1220] ( Chapter 4 enacted 1872. ) ## ARTICLE 3. Proof and Acknowledgment of Instruments [1180 - 1207] ( Article 3 enacted 1872. ) ## 1200. An officer taking proof of the execution of any instrument must, in his certificate indorsed thereon or attached thereto, set forth all the matters required by law to be done or known by him, or proved before him on the proceeding, together with the names of all the witnesses examined before him, their places of residence respectively, and the substance of their testimony. (Enacted 1872.)
  159. 1201.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 4. Recording Transfers [1169 - 1220] ( Chapter 4 enacted 1872. ) ## ARTICLE 3. Proof and Acknowledgment of Instruments [1180 - 1207] ( Article 3 enacted 1872. )

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    Officers authorized to take proof of instruments may, in those proceedings, administer oaths or affirmations, use and swear interpreters, issue subpoenas, and punish contempt as allowed by the Code of Civil Procedure.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 4. Recording Transfers [1169 - 1220] ( Chapter 4 enacted 1872. ) ## ARTICLE 3. Proof and Acknowledgment of Instruments [1180 - 1207] ( Article 3 enacted 1872. ) ## 1201. Officers authorized to take the proof of instruments are authorized in such proceedings: 1. To administer oaths or affirmations, as prescribed in Section 2093, Code of Civil Procedure; 2. To employ and swear interpreters; 3. To issue subpoena, as prescribed in Section 1986, Code of Civil Procedure; 4. To punish for contempt, as prescribed in Sections 1991, 1993, 1994, Code of Civil Procedure. The civil damages and forfeiture to the party aggrieved are prescribed in Section 1992, Code of Civil Procedure. (Enacted 1872.)
  160. 1202.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 4. Recording Transfers [1169 - 1220] ( Chapter 4 enacted 1872. ) ## ARTICLE 3. Proof and Acknowledgment of Instruments [1180 - 1207] ( Article 3 enacted 1872. )

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    If an instrument’s acknowledgment or proof was properly made but the certificate is defective, an interested party may sue in superior court to get the certificate corrected.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 4. Recording Transfers [1169 - 1220] ( Chapter 4 enacted 1872. ) ## ARTICLE 3. Proof and Acknowledgment of Instruments [1180 - 1207] ( Article 3 enacted 1872. ) ## 1202. When the acknowledgment or proof of the execution of an instrument is properly made, but defectively certified, any party interested may have an action in the superior court to obtain a judgment correcting the certificate. (Amended by Stats. 1905, Ch. 445.)
  161. 1203.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 4. Recording Transfers [1169 - 1220] ( Chapter 4 enacted 1872. ) ## ARTICLE 3. Proof and Acknowledgment of Instruments [1180 - 1207] ( Article 3 enacted 1872. )

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    An interested person under a recordable instrument may sue in superior court to get a judgment proving the instrument.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 4. Recording Transfers [1169 - 1220] ( Chapter 4 enacted 1872. ) ## ARTICLE 3. Proof and Acknowledgment of Instruments [1180 - 1207] ( Article 3 enacted 1872. ) ## 1203. Any person interested under an instrument entitled to be proved for record, may institute an action in the superior court against the proper parties to obtain a judgment proving such instrument. (Amended by Stats. 1905, Ch. 445.)
  162. 1204.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 4. Recording Transfers [1169 - 1220] ( Chapter 4 enacted 1872. ) ## ARTICLE 3. Proof and Acknowledgment of Instruments [1180 - 1207] ( Article 3 enacted 1872. )

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    A certified copy of a qualifying judgment, showing proof of the instrument and attached to it, lets the instrument be recorded as if it had been acknowledged.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 4. Recording Transfers [1169 - 1220] ( Chapter 4 enacted 1872. ) ## ARTICLE 3. Proof and Acknowledgment of Instruments [1180 - 1207] ( Article 3 enacted 1872. ) ## 1204. A certified copy of the judgment in a proceeding instituted under either of the two preceding sections, showing the proof of the instrument, and attached thereto, entitles such instrument to record, with like effect as if acknowledged. (Enacted 1872.)
  163. 1205.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 4. Recording Transfers [1169 - 1220] ( Chapter 4 enacted 1872. ) ## ARTICLE 3. Proof and Acknowledgment of Instruments [1180 - 1207] ( Article 3 enacted 1872. )

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    This section says older conveyances or other instruments are not affected by this chapter, and their validity depends on the law in force when they were done.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 4. Recording Transfers [1169 - 1220] ( Chapter 4 enacted 1872. ) ## ARTICLE 3. Proof and Acknowledgment of Instruments [1180 - 1207] ( Article 3 enacted 1872. ) ## 1205. The legality of the execution, acknowledgment, proof, form, or record of any conveyance or other instrument made before this Code goes into effect, executed, acknowledged, proved, or recorded is not affected by anything contained in this Chapter, but depends for its validity and legality upon the laws in force when the act was performed. (Enacted 1872.)
  164. 1206.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 4. Recording Transfers [1169 - 1220] ( Chapter 4 enacted 1872. ) ## ARTICLE 3. Proof and Acknowledgment of Instruments [1180 - 1207] ( Article 3 enacted 1872. )

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    Certain pre-Code real property conveyances, if properly acknowledged or proved under then-current law, may be recorded and have the same evidentiary effect as similar conveyances under this Chapter.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 4. Recording Transfers [1169 - 1220] ( Chapter 4 enacted 1872. ) ## ARTICLE 3. Proof and Acknowledgment of Instruments [1180 - 1207] ( Article 3 enacted 1872. ) ## 1206. All conveyances of real property made before this Code goes into effect, and acknowledged or proved according to the laws in force at the time of such making and acknowledgment or proof, have the same force as evidence, and may be recorded in the same manner and with the like effect, as conveyances executed and acknowledged in pursuance of this Chapter. (Enacted 1872.)
  165. 1207.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 4. Recording Transfers [1169 - 1220] ( Chapter 4 enacted 1872. ) ## ARTICLE 3. Proof and Acknowledgment of Instruments [1180 - 1207] ( Article 3 enacted 1872. )

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    Recorded real-property instruments give notice after 90 days, and certified copies may be used in evidence if the original is first shown genuine in certain cases.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 4. Recording Transfers [1169 - 1220] ( Chapter 4 enacted 1872. ) ## ARTICLE 3. Proof and Acknowledgment of Instruments [1180 - 1207] ( Article 3 enacted 1872. ) ## 1207. Any instrument affecting the title to real property, 90 days after the same has been copied into the proper book of record, kept in the office of any county recorder, imparts notice of its contents to subsequent purchasers and encumbrancers, notwithstanding any defect, omission, or informality in the execution of the instrument, or in the certificate of acknowledgment thereof, or the absence of any such certificate; but nothing herein affects the rights of purchasers or encumbrancers previous to the taking effect of this act. Duly certified copies of the record of any such instrument may be read in evidence with like effect as copies of an instrument duly acknowledged and recorded; provided, when such copying in the proper book of record occurred within five years prior to the trial of the action, it is first shown that the original instrument was genuine. (Amended by Stats. 2024, Ch. 691, Sec. 1. (AB 2004) Effective January 1, 2025.)
  166. 1213.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 4. Recording Transfers [1169 - 1220] ( Chapter 4 enacted 1872. ) ## ARTICLE 4. Effect of Recording, or the Want Thereof [1213 - 1220] ( Article 4 enacted 1872. )

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    Recorded conveyances of real property or leaseholds give constructive notice to later purchasers and mortgagees; certified copies may also be recorded in other counties with the same effect.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 4. Recording Transfers [1169 - 1220] ( Chapter 4 enacted 1872. ) ## ARTICLE 4. Effect of Recording, or the Want Thereof [1213 - 1220] ( Article 4 enacted 1872. ) ## 1213. Every conveyance of real property or an estate for years therein acknowledged or proved and certified and recorded as prescribed by law from the time it is filed with the recorder for record is constructive notice of the contents thereof to subsequent purchasers and mortgagees; and a certified copy of such a recorded conveyance may be recorded in any other county and when so recorded the record thereof shall have the same force and effect as though it was of the original conveyance and where the original conveyance has been recorded in any county wherein the property therein mentioned is not situated a certified copy of the recorded conveyance may be recorded in the county where such property is situated with the same force and effect as if the original conveyance had been recorded in that county. (Amended by Stats. 1989, Ch. 698, Sec. 1.)
  167. 1214.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 4. Recording Transfers [1169 - 1220] ( Chapter 4 enacted 1872. ) ## ARTICLE 4. Effect of Recording, or the Want Thereof [1213 - 1220] ( Article 4 enacted 1872. )

    Verify source ↗

    An unrecorded conveyance of real property or an estate for years can be void against later good-faith purchasers or mortgagees who record first, and against judgments affecting title, unless it was recorded before the notice of action was recorded.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 4. Recording Transfers [1169 - 1220] ( Chapter 4 enacted 1872. ) ## ARTICLE 4. Effect of Recording, or the Want Thereof [1213 - 1220] ( Article 4 enacted 1872. ) ## 1214. Every conveyance of real property or an estate for years therein, other than a lease for a term not exceeding one year, is void as against any subsequent purchaser or mortgagee of the same property, or any part thereof, in good faith and for a valuable consideration, whose conveyance is first duly recorded, and as against any judgment affecting the title, unless the conveyance shall have been duly recorded prior to the record of notice of action. (Amended by Stats. 1989, Ch. 698, Sec. 2.)
  168. 1215.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 4. Recording Transfers [1169 - 1220] ( Chapter 4 enacted 1872. ) ## ARTICLE 4. Effect of Recording, or the Want Thereof [1213 - 1220] ( Article 4 enacted 1872. )

    Verify source ↗

    This section defines “conveyance” for nearby sections as a written instrument affecting real property, except wills.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 4. Recording Transfers [1169 - 1220] ( Chapter 4 enacted 1872. ) ## ARTICLE 4. Effect of Recording, or the Want Thereof [1213 - 1220] ( Article 4 enacted 1872. ) ## 1215. The term “conveyance,” as used in Sections 1213 and 1214, embraces every instrument in writing by which any estate or interest in real property is created, aliened, mortgaged, or incumbered, or by which the title to any real property may be affected, except wills. (Enacted 1872.)
  169. 1216.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 4. Recording Transfers [1169 - 1220] ( Chapter 4 enacted 1872. ) ## ARTICLE 4. Effect of Recording, or the Want Thereof [1213 - 1220] ( Article 4 enacted 1872. )

    Verify source ↗

    A recorded power in a real-property instrument cannot be revoked by the party who executed it unless the revocation instrument is also acknowledged or proved, certified, and recorded in the same office.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 4. Recording Transfers [1169 - 1220] ( Chapter 4 enacted 1872. ) ## ARTICLE 4. Effect of Recording, or the Want Thereof [1213 - 1220] ( Article 4 enacted 1872. ) ## 1216. No power contained in an instrument to convey or execute instruments affecting real property which has been recorded is revoked by any act of the party by whom it was executed, unless the instrument containing such revocation is also acknowledged or proved, certified and recorded, in the same office in which the instrument containing the power was recorded. (Amended by Stats. 1970, Ch. 323.)
  170. 1217.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 4. Recording Transfers [1169 - 1220] ( Chapter 4 enacted 1872. ) ## ARTICLE 4. Effect of Recording, or the Want Thereof [1213 - 1220] ( Article 4 enacted 1872. )

    Verify source ↗

    An unrecorded instrument is valid between the parties and anyone who has notice of it.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 4. Recording Transfers [1169 - 1220] ( Chapter 4 enacted 1872. ) ## ARTICLE 4. Effect of Recording, or the Want Thereof [1213 - 1220] ( Article 4 enacted 1872. ) ## 1217. An unrecorded instrument is valid as between the parties thereto and those who have notice thereof. (Enacted 1872.)
  171. 1218.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 4. Recording Transfers [1169 - 1220] ( Chapter 4 enacted 1872. ) ## ARTICLE 4. Effect of Recording, or the Want Thereof [1213 - 1220] ( Article 4 enacted 1872. )

    Verify source ↗

    A certified copy of an instrument affecting title to real property may be recorded in another county, and that recording has the same force and effect as the original instrument.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 4. Recording Transfers [1169 - 1220] ( Chapter 4 enacted 1872. ) ## ARTICLE 4. Effect of Recording, or the Want Thereof [1213 - 1220] ( Article 4 enacted 1872. ) ## 1218. A certified copy of an instrument affecting the title to real property, once recorded, or a certified copy of the record of such instrument may be recorded in any other county, and, when so recorded, the record thereof has the same force and effect as though it was of the original instrument. (Amended by Stats. 1913, Ch. 191.)
  172. 1219.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 4. Recording Transfers [1169 - 1220] ( Chapter 4 enacted 1872. ) ## ARTICLE 4. Effect of Recording, or the Want Thereof [1213 - 1220] ( Article 4 enacted 1872. )

    Verify source ↗

    Oil and gas leases may be recorded, including fictitious leases, if the section’s labeling and reference requirements are followed.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 4. Recording Transfers [1169 - 1220] ( Chapter 4 enacted 1872. ) ## ARTICLE 4. Effect of Recording, or the Want Thereof [1213 - 1220] ( Article 4 enacted 1872. ) ## 1219. Oil and gas leases may be acknowledged or proved, certified and recorded in like manner and with like effect, as grants of real property. However, an oil and gas lease may be recorded and constructive notice of the same and the contents of that lease given in the following manner: Any person may record in the office of county recorder of any county fictitious oil and gas leases. Those fictitious oil and gas leases need not be acknowledged, or proved, or certified, to be recorded or entitled to record. Oil and gas leases shall have noted upon the face thereof that they are fictitious. The county recorder shall index and record fictitious oil and gas leases in the same manner as other oil and gas leases are recorded, and shall note on all indices and records of the same that they are fictitious. Thereafter, any of the provisions of any recorded fictitious oil and gas lease may be included for any and all purposes in any oil and gas lease by reference therein to those provisions, without setting the same forth in full, if the fictitious oil and gas lease is of record in the county in which the oil and gas lease adopting or including by reference any of the provisions of the lease is recorded. The reference shall contain a statement, as to each county in which the oil and gas lease containing such a reference is recorded, of the date the fictitious oil and gas lease was recorded, the county recorder’s office in which it is recorded, and the book or volume and the first page of the records or the recorder’s instrument number in the recorder’s office in which the fictitious oil and gas lease was recorded, and a statement by paragraph numbers or any other method that will definitely identify the same, of the specific provisions of any fictitious oil and gas lease that are being adopted and included therein. The recording of any oil and gas lease which has included any provisions by reference shall operate as constructive notice of the whole including the terms, as a part of the written contents of any oil and gas lease, of any provisions so included by reference as though the same were written in full therein. The parties bound or to be bound by provisions so adopted and included by reference shall be bound thereby in the same manner and with like effect for all purposes as though the provisions had been and were set forth in full in the oil and gas lease. (Amended by Stats. 2009, Ch. 54, Sec. 4. (SB 544) Effective January 1, 2010.)
  173. 1220.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 4. Recording Transfers [1169 - 1220] ( Chapter 4 enacted 1872. ) ## ARTICLE 4. Effect of Recording, or the Want Thereof [1213 - 1220] ( Article 4 enacted 1872. )

    Verify source ↗

    Contracts and written instruments about standing timber or trees may be recorded like real property grants, and real-property recording rules apply to them the same way.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 4. Recording Transfers [1169 - 1220] ( Chapter 4 enacted 1872. ) ## ARTICLE 4. Effect of Recording, or the Want Thereof [1213 - 1220] ( Article 4 enacted 1872. ) ## 1220. Contracts for the purchase or sale of standing timber or trees, for severance or otherwise, and all instruments in writing by which any estate or interest in, or right to cut, standing timber or trees is created, aliened, mortgaged or encumbered or by which the title to any standing timber or trees may be affected, may be acknowledged or proved, certified and recorded in like manner and with like effect, as grants of real property, and all statutory provisions relating to the recordation or nonrecordation of conveyances of real property and to the effect thereof shall apply to such contracts and instruments with like effect. Any such contracts for purchase and sale or instruments in writing affecting the title to standing timber or trees, executed and delivered before the effective date of the amendment of this section at the 1959 Regular Session of the Legislature but unrecorded before such date, shall become subject to all statutory provisions relating to the recordation or nonrecordation of conveyances of real property and to the effect thereof one year from said effective date. (Amended by Stats. 1959, Ch. 1795.)
  174. 1227.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 5. Unlawful Transfers [1227 - 1231] ( Chapter 5 enacted 1872. )

    Verify source ↗

    An instrument affecting real property is void against a value purchaser or incumbrancer if it was made with intent to defraud prior or subsequent purchasers or incumbrancers.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 5. Unlawful Transfers [1227 - 1231] ( Chapter 5 enacted 1872. ) ## 1227. Every instrument, other than a will, affecting an estate in real property, including every charge upon real property, or upon its rents or profits, made with intent to defraud prior or subsequent purchasers thereof, or incumbrancers thereon, is void as against every purchaser or incumbrancer, for value, of the same property, or the rents or profits thereof. (Enacted 1872.)
  175. 1228.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 5. Unlawful Transfers [1227 - 1231] ( Chapter 5 enacted 1872. )

    Verify source ↗

    An instrument cannot be avoided against a later purchaser or lienholder who had notice, unless the person who received the instrument was involved in the intended fraud.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 5. Unlawful Transfers [1227 - 1231] ( Chapter 5 enacted 1872. ) ## 1228. No instrument is to be avoided under the last section, in favor of a subsequent purchaser or incumbrancer having notice thereof at the time his purchase was made, or his lien acquired, unless the person in whose favor the instrument was made was privy to the fraud intended. (Enacted 1872.)
  176. 1229.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 5. Unlawful Transfers [1227 - 1231] ( Chapter 5 enacted 1872. )

    Verify source ↗

    A later grant or charge can cancel an earlier real-property instrument, to the extent of the revocation power, when made in favor of a purchaser or incumbrancer for value.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 5. Unlawful Transfers [1227 - 1231] ( Chapter 5 enacted 1872. ) ## 1229. Where a power to revoke or modify an instrument affecting the title to, or the enjoyment of, an estate in real property, is reserved to the grantor, or given to any other person, a subsequent grant of, or charge upon, the estate, by the person having the power or revocation, in favor of a purchaser or incumbrancer for value, operates as a revocation of the original instrument, to the extent of the power, in favor of such purchaser or incumbrancer. (Enacted 1872.)
  177. 1230.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 5. Unlawful Transfers [1227 - 1231] ( Chapter 5 enacted 1872. )

    Verify source ↗

    If a person with a power of revocation cannot use it until after making a specified grant or charge, the power is treated as exercised once the person becomes entitled to use it.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 5. Unlawful Transfers [1227 - 1231] ( Chapter 5 enacted 1872. ) ## 1230. Where a person having a power of revocation, within the provisions of the last section, is not entitled to execute it until after the time at which he makes such a grant or charge as is described in that section, the power is deemed to be executed as soon as he is entitled to execute it. (Enacted 1872.)
  178. 1231.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 5. Unlawful Transfers [1227 - 1231] ( Chapter 5 enacted 1872. )

    Verify source ↗

    This section says that other rules about unlawful transfers are found elsewhere in the code, in Part II, Division Fourth, on the special relations of debtor and creditor.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 4. TRANSFER [1039 - 1231] ( Title 4 enacted 1872. ) ## CHAPTER 5. Unlawful Transfers [1227 - 1231] ( Chapter 5 enacted 1872. ) ## 1231. Other provisions concerning unlawful transfers are contained in Part II, Division Fourth, of this Code, concerning the Special Relations of Debtor and Creditor. (Enacted 1872.)
  179. 1414.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 8. WATER RIGHTS [1414 - 1422] ( Title 8 enacted 1872. )

    Verify source ↗

    Among appropriators, the person who is first in time has the first right.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 8. WATER RIGHTS [1414 - 1422] ( Title 8 enacted 1872. ) ## 1414. As between appropriators, the one first in time is the first in right. (Enacted 1872.)
  180. 1415.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 8. WATER RIGHTS [1414 - 1422] ( Title 8 enacted 1872. )

    Verify source ↗

    A person who wants to appropriate water must post a written notice at the diversion point and record a copy with the county recorder within 10 days.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 8. WATER RIGHTS [1414 - 1422] ( Title 8 enacted 1872. ) ## 1415. A person desiring to appropriate water must post a notice, in writing, in a conspicuous place at the point of intended diversion, stating therein: 1. That he claims the water there flowing to the extent of (giving the number) inches, measured under a four-inch pressure; 2. The purposes for which he claims it, and the place of intended use; 3. The means by which he intends to divert it, and the size of the flume, ditch, pipe, or aqueduct in which he intends to divert it. A copy of the notice must, within ten days after it is posted, be recorded in the office of the recorder of the county in which it is posted. After filing such copy for record, the place of intended diversion or the place of intended use or the means by which it is intended to divert the water, may be changed by the person posting said notice or his assigns, if others are not injured by such change. This provision applies to notices already filed as well as to notices hereafter filed. (Amended by Stats. 1903, Ch. 262.)
  181. 1416.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 8. WATER RIGHTS [1414 - 1422] ( Title 8 enacted 1872. )

    Verify source ↗

    A water claimant must start the diversion works within 60 days after notice is posted and keep the work moving to completion, unless snow or rain temporarily interrupts it.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 8. WATER RIGHTS [1414 - 1422] ( Title 8 enacted 1872. ) ## 1416. Within sixty days after the notice is posted, the claimant must commence the excavation or construction of the works in which he intends to divert the water, or the survey, road or trail building, necessarily incident thereto, and must prosecute the work diligently and uninterruptedly to completion, unless temporarily interrupted by snows or rain; provided, that if the erection of a dam has been recommended by the California dGbris commission at or near the place where it is intended to divert the water, the claimant shall have sixty days after the completion of such dam in which to commence the excavation or construction of the works in which he intends to divert the water; provided, that whenever any city and county, or any incorporated city or town within this state makes, or has made, or acquires, or has acquired any appropriation of any of the waters of this state in accordance with the provisions of section 1415 of this code, it shall not be necessary for such city and county, city or town to commence the work for development of more of the water so claimed than is actually necessary for the immediate needs of such city and county, city or town and it shall be held to be a sufficient compliance with the requirements of this chapter, to the full amount of water stated in the notice posted and recorded, for such city and county, city or town to within sixty days make the necessary surveys, or within six months to authorize the issuance of municipal bonds, for the construction of the necessary works designed to supply such city and county, city or town with the water required for immediate use. Any appropriation heretofore made by any such city and county, city or town in connection with which surveys were at any time made, or an issue of bonds authorized for the construction of any portion of the works necessary for a diversion of any part of the water appropriated, is hereby confirmed to the full amount of water stated in the original notice or notices. (Amended by Stats. 1911, Ch. 730.)
  182. 1417.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 8. WATER RIGHTS [1414 - 1422] ( Title 8 enacted 1872. )

    Verify source ↗

    “Completion” means conducting the waters to the place of intended use.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 8. WATER RIGHTS [1414 - 1422] ( Title 8 enacted 1872. ) ## 1417. By “completion” is meant conducting the waters to the place of intended use. (Enacted 1872.)
  183. 1418.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 8. WATER RIGHTS [1414 - 1422] ( Title 8 enacted 1872. )

    Verify source ↗

    If the claimant complies with the stated rules, the claimant’s right to use the water dates back to when the notice was posted.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 8. WATER RIGHTS [1414 - 1422] ( Title 8 enacted 1872. ) ## 1418. By a compliance with the above rules the claimant’s right to the use of the water relates back to the time the notice was posted. (Enacted 1872.)
  184. 1419.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 8. WATER RIGHTS [1414 - 1422] ( Title 8 enacted 1872. )

    Verify source ↗

    If claimants do not comply with the applicable rules, they lose the right to use the water against a later claimant who does comply.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 8. WATER RIGHTS [1414 - 1422] ( Title 8 enacted 1872. ) ## 1419. A failure to comply with such rules deprives the claimants of the right to the use of the water as against a subsequent claimant who complies therewith. (Enacted 1872.)
  185. 1420.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 8. WATER RIGHTS [1414 - 1422] ( Title 8 enacted 1872. )

    Verify source ↗

    Some people claiming water rights must, within 20 days after this Title takes effect, proceed as this Title requires, or their right ends.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 8. WATER RIGHTS [1414 - 1422] ( Title 8 enacted 1872. ) ## 1420. Persons who have heretofore claimed the right to water, and who have not constructed works in which to divert it, and who have not diverted nor applied it to some useful purpose, must, after this Title takes effect, and within twenty days thereafter, proceed as in this Title provided, or their right ceases. (Enacted 1872.)
  186. 1421.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 8. WATER RIGHTS [1414 - 1422] ( Title 8 enacted 1872. )

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    Each county recorder must keep a book and record the notices required by this Title.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 8. WATER RIGHTS [1414 - 1422] ( Title 8 enacted 1872. ) ## 1421. The Recorder of each county must keep a book, in which he must record the notices provided for in this Title. (Enacted 1872.)
  187. 1422.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 8. WATER RIGHTS [1414 - 1422] ( Title 8 enacted 1872. )

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    A claimant using water works in a park or reservation must act within set time limits and keep the work and application moving diligently.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 4. ACQUISITION OF PROPERTY [1000 - 1422] ( Part 4 enacted 1872. ) ## TITLE 8. WATER RIGHTS [1414 - 1422] ( Title 8 enacted 1872. ) ## 1422. If the place of intended diversion or any part of the route of intended conveyance of water so claimed, be within, and a part of, any national park, forest reservation, or other public reservation, and be so shown in the notice of appropriation of said water, then the claimant shall have sixty days, after the grant of authority to occupy and use such park or reservation for such intended purpose, within which to commence the excavation or construction of said works; provided that within sixty days after the posting of said notice of appropriation, as provided in section 1415 of the Civil Code, the claimant shall in good faith commence (and thereafter diligently and continuously, except when temporarily interrupted by snow or rain, prosecute to completion) such surveys and other work as under the regulations governing such park or reservations, may be required as preliminary to, or for use with, an application for such authority; and provided also that the claimant shall in good faith on completion of said survey and preliminary work, apply to the officer, board, or body, having charge of such park or reservation, for such authority, and shall thereafter, prosecute said application with reasonable diligence. (Added by Stats. 1903, Ch. 272.)
  188. 1427.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 1. DEFINITION OF OBLIGATIONS [1427 - [1428.]] ( Title 1 enacted 1872. )

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    An obligation is a legal duty that binds a person to do, or not do, a certain thing.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 1. DEFINITION OF OBLIGATIONS [1427 - [1428.]] ( Title 1 enacted 1872. ) ## 1427. An obligation is a legal duty, by which a person is bound to do or not to do a certain thing. (Enacted 1872.)
  189. 1429.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 2. INTERPRETATION OF OBLIGATIONS [1429 - 1451] ( Title 2 enacted 1872. ) ## CHAPTER 1. General Rules of Interpretation [1429- 1429.] ( Chapter 1 enacted 1872. )

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    Contract interpretation follows the rules in Part II of this Division, and other obligations are interpreted using the same rules as similar statutes.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 2. INTERPRETATION OF OBLIGATIONS [1429 - 1451] ( Title 2 enacted 1872. ) ## CHAPTER 1. General Rules of Interpretation [1429- 1429.] ( Chapter 1 enacted 1872. ) ## 1429. The rules which govern the interpretation of contracts are prescribed by Part II of this Division. Other obligations are interpreted by the same rules by which statutes of a similar nature are interpreted. (Enacted 1872.)
  190. 1430.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 2. INTERPRETATION OF OBLIGATIONS [1429 - 1451] ( Title 2 enacted 1872. ) ## CHAPTER 2. Joint or Several Obligations [1430 - 1432] ( Chapter 2 enacted 1872. )

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    If an obligation is owed by several persons, or a right is held by several persons, it may be joint, several, or joint and several.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 2. INTERPRETATION OF OBLIGATIONS [1429 - 1451] ( Title 2 enacted 1872. ) ## CHAPTER 2. Joint or Several Obligations [1430 - 1432] ( Chapter 2 enacted 1872. ) ## 1430. An obligation imposed upon several persons, or a right created in favor of several persons, may be: 1. Joint; 2. Several; or, 3. Joint and several. (Enacted 1872.)
  191. 1431.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 2. INTERPRETATION OF OBLIGATIONS [1429 - 1451] ( Title 2 enacted 1872. ) ## CHAPTER 2. Joint or Several Obligations [1430 - 1432] ( Chapter 2 enacted 1872. )

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    Several-person obligations or rights are presumed to be joint, not several, unless a stated exception applies.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 2. INTERPRETATION OF OBLIGATIONS [1429 - 1451] ( Title 2 enacted 1872. ) ## CHAPTER 2. Joint or Several Obligations [1430 - 1432] ( Chapter 2 enacted 1872. ) ## 1431. Joint Liability An obligation imposed upon several persons, or a right created in favor of several persons, is presumed to be joint, and not several, except as provided in Section 1431.2, and except in the special cases mentioned in the title on the interpretation of contracts. This presumption, in the case of a right, can be overcome only by express words to the contrary. (Amended June 3, 1986, by initiative Proposition 51, Sec. 2. Note: Prop. 51 (the Fair Responsibility Act of 1986) includes Sections 1431.1 to 1431.5 and part of this section.)
  192. 1431.1.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 2. INTERPRETATION OF OBLIGATIONS [1429 - 1451] ( Title 2 enacted 1872. ) ## CHAPTER 2. Joint or Several Obligations [1430 - 1432] ( Chapter 2 enacted 1872. )

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    This section states California’s findings about joint and several liability and declares that tort defendants should be financially liable in proportion to their fault.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 2. INTERPRETATION OF OBLIGATIONS [1429 - 1451] ( Title 2 enacted 1872. ) ## CHAPTER 2. Joint or Several Obligations [1430 - 1432] ( Chapter 2 enacted 1872. ) ## 1431.1. Findings and Declaration of Purpose The People of the State of California find and declare as follows: a) The legal doctrine of joint and several liability, also known as “the deep pocket rule”, has resulted in a system of inequity and injustice that has threatened financial bankruptcy of local governments, other public agencies, private individuals and businesses and has resulted in higher prices for goods and services to the public and in higher taxes to the taxpayers. b) Some governmental and private defendants are perceived to have substantial financial resources or insurance coverage and have thus been included in lawsuits even though there was little or no basis for finding them at fault. Under joint and several liability, if they are found to share even a fraction of the fault, they often are held financially liable for all the damage. The People—taxpayers and consumers alike—ultimately pay for these lawsuits in the form of higher taxes, higher prices and higher insurance premiums. c) Local governments have been forced to curtail some essential police, fire and other protections because of the soaring costs of lawsuits and insurance premiums. Therefore, the People of the State of California declare that to remedy these inequities, defendants in tort actions shall be held financially liable in closer proportion to their degree of fault. To treat them differently is unfair and inequitable. The People of the State of California further declare that reforms in the liability laws in tort actions are necessary and proper to avoid catastrophic economic consequences for state and local governmental bodies as well as private individuals and businesses. (Added June 3, 1986, by initiative Proposition 51, Sec. 3. Note: Prop. 51 (the Fair Responsibility Act of 1986) includes Sections 1431.1 to 1431.5 and part of Section 1431.)
  193. 1431.2.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 2. INTERPRETATION OF OBLIGATIONS [1429 - 1451] ( Title 2 enacted 1872. ) ## CHAPTER 2. Joint or Several Obligations [1430 - 1432] ( Chapter 2 enacted 1872. )

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    In certain comparative-fault cases, each defendant is liable only for its share of non-economic damages, not jointly.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 2. INTERPRETATION OF OBLIGATIONS [1429 - 1451] ( Title 2 enacted 1872. ) ## CHAPTER 2. Joint or Several Obligations [1430 - 1432] ( Chapter 2 enacted 1872. ) ## 1431.2. Several Liability for Non-economic Damages (a) In any action for personal injury, property damage, or wrongful death, based upon principles of comparative fault, the liability of each defendant for non-economic damages shall be several only and shall not be joint. Each defendant shall be liable only for the amount of non-economic damages allocated to that defendant in direct proportion to that defendant’s percentage of fault, and a separate judgment shall be rendered against that defendant for that amount. (b) (1) For purposes of this section, the term “economic damages” means objectively verifiable monetary losses including medical expenses, loss of earnings, burial costs, loss of use of property, costs of repair or replacement, costs of obtaining substitute domestic services, loss of employment and loss of business or employment opportunities. (2) For the purposes of this section, the term “non-economic damages” means subjective, non-monetary losses including, but not limited to, pain, suffering, inconvenience, mental suffering, emotional distress, loss of society and companionship, loss of consortium, injury to reputation and humiliation. (Added June 3, 1986, by initiative Proposition 51, Sec. 4. Note: Prop. 51 (the Fair Responsibility Act of 1986) includes Sections 1431.1 to 1431.5 and part of Section 1431.)
  194. 1431.3.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 2. INTERPRETATION OF OBLIGATIONS [1429 - 1451] ( Title 2 enacted 1872. ) ## CHAPTER 2. Joint or Several Obligations [1430 - 1432] ( Chapter 2 enacted 1872. )

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    This section says the measure is not intended to change the law of immunity.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 2. INTERPRETATION OF OBLIGATIONS [1429 - 1451] ( Title 2 enacted 1872. ) ## CHAPTER 2. Joint or Several Obligations [1430 - 1432] ( Chapter 2 enacted 1872. ) ## 1431.3. Nothing contained in this measure is intended, in any way, to alter the law of immunity. (Added June 3, 1986, by initiative Proposition 51, Sec. 5. Note: In the text, "this measure" refers to Prop. 51 (the Fair Responsibility Act of 1986), which includes Sections 1431.1 to 1431.5 and part of Section 1431.)
  195. 1431.4.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 2. INTERPRETATION OF OBLIGATIONS [1429 - 1451] ( Title 2 enacted 1872. ) ## CHAPTER 2. Joint or Several Obligations [1430 - 1432] ( Chapter 2 enacted 1872. )

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    This measure may be amended or repealed only under the procedures stated here.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 2. INTERPRETATION OF OBLIGATIONS [1429 - 1451] ( Title 2 enacted 1872. ) ## CHAPTER 2. Joint or Several Obligations [1430 - 1432] ( Chapter 2 enacted 1872. ) ## 1431.4. Amendment or Repeal of Measure. This measure may be amended or repealed by either of the procedures set forth in this section. If any portion of subsection (a) is declared invalid, then subsection (b) shall be the exclusive means of amending or repealing this measure. (a) This measure may be amended to further its purposes by statute, passed in each house by rollcall vote entered in the journal, two-thirds of the membership concurring and signed by the Governor, if at least 20 days prior to passage in each house the bill in its final form has been delivered to the Secretary of State for distribution to the news media. (b) This measure may be amended or repealed by a statute that becomes effective only when approved by the electors. (Added June 3, 1986, by initiative Proposition 51, Sec. 6. Note: In the text, "this measure" refers to Prop. 51 (the Fair Responsibility Act of 1986), which includes Sections 1431.1 to 1431.5 and part of Section 1431.)
  196. 1431.5.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 2. INTERPRETATION OF OBLIGATIONS [1429 - 1451] ( Title 2 enacted 1872. ) ## CHAPTER 2. Joint or Several Obligations [1430 - 1432] ( Chapter 2 enacted 1872. )

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    If part of the measure is held invalid, the rest still applies as far as it can, because the provisions are severable.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 2. INTERPRETATION OF OBLIGATIONS [1429 - 1451] ( Title 2 enacted 1872. ) ## CHAPTER 2. Joint or Several Obligations [1430 - 1432] ( Chapter 2 enacted 1872. ) ## 1431.5. Severability. If any provision of this measure, or the application of any such provision to any person or circumstances, shall be held invalid, the remainder of this measure to the extent it can be given effect, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby, and to this end the provisions of this measure are severable. (Added June 3, 1986, by initiative Proposition 51, Sec. 7. Note: In the text, "this measure" refers to Prop. 51 (the Fair Responsibility Act of 1986), which includes Sections 1431.1 to 1431.5 and part of Section 1431.)
  197. 1432.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 2. INTERPRETATION OF OBLIGATIONS [1429 - 1451] ( Title 2 enacted 1872. ) ## CHAPTER 2. Joint or Several Obligations [1430 - 1432] ( Chapter 2 enacted 1872. )

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    A party to a joint or joint-and-several obligation who pays more than their share may seek proportionate contribution from the other joined parties, unless Section 877 of the Code of Civil Procedure applies.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 2. INTERPRETATION OF OBLIGATIONS [1429 - 1451] ( Title 2 enacted 1872. ) ## CHAPTER 2. Joint or Several Obligations [1430 - 1432] ( Chapter 2 enacted 1872. ) ## 1432. Except as provided in Section 877 of the Code of Civil Procedure, a party to a joint, or joint and several obligation, who satisfies more than his share of the claim against all, may require a proportionate contribution from all the parties joined with him. (Amended by Stats. 1987, Ch. 677, Sec. 1.)
  198. 1434.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 2. INTERPRETATION OF OBLIGATIONS [1429 - 1451] ( Title 2 enacted 1872. ) ## CHAPTER 3. Conditional Obligations [1434 - 1442] ( Chapter 3 enacted 1872. )

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    An obligation is conditional if a party’s rights or duties depend on an uncertain event.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 2. INTERPRETATION OF OBLIGATIONS [1429 - 1451] ( Title 2 enacted 1872. ) ## CHAPTER 3. Conditional Obligations [1434 - 1442] ( Chapter 3 enacted 1872. ) ## 1434. An obligation is conditional, when the rights or duties of any party thereto depend upon the occurrence of an uncertain event. (Enacted 1872.)
  199. 1435.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 2. INTERPRETATION OF OBLIGATIONS [1429 - 1451] ( Title 2 enacted 1872. ) ## CHAPTER 3. Conditional Obligations [1434 - 1442] ( Chapter 3 enacted 1872. )

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    Conditions may be precedent, concurrent, or subsequent.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 2. INTERPRETATION OF OBLIGATIONS [1429 - 1451] ( Title 2 enacted 1872. ) ## CHAPTER 3. Conditional Obligations [1434 - 1442] ( Chapter 3 enacted 1872. ) ## 1435. Conditions may be precedent, concurrent, or subsequent. (Enacted 1872.)
  200. 1436.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 2. INTERPRETATION OF OBLIGATIONS [1429 - 1451] ( Title 2 enacted 1872. ) ## CHAPTER 3. Conditional Obligations [1434 - 1442] ( Chapter 3 enacted 1872. )

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    A condition precedent must happen before the related right arises or the related act is done.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 1. OBLIGATIONS IN GENERAL [1427 - 1543] ( Part 1 enacted 1872. ) ## TITLE 2. INTERPRETATION OF OBLIGATIONS [1429 - 1451] ( Title 2 enacted 1872. ) ## CHAPTER 3. Conditional Obligations [1434 - 1442] ( Chapter 3 enacted 1872. ) ## 1436. A condition precedent is one which is to be performed before some right dependent thereon accrues, or some act dependent thereon is performed. (Enacted 1872.)

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