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SELECTED PROVISIONS OF CALIFORNIA LAW RELATING TO MOBILEHOMES
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Mobilehome
Residency Law (MRL)
DISCLOSURE OF NATURAL HAZARDS UPON
TRANSFER OF RESIDENTIAL PROPERTY
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CIVIL CODE §1103 APPLICATION OF
DISCLOSURE
(a) Except as provided in Section
1103.1, this article applies to any transfer by sale, exchange,
installment land sale 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 real property described in subdivision
(c), or residential stock cooperative, improved with or consisting of
not less than one nor more than four dwelling units.
(b) Except as provided in Section
1103.1, this article shall apply to a resale transaction entered into on
or after January 1, 2000, for a manufactured home, as defined in Section
18007 of the Health and Safety Code, that is classified as personal
property intended for use as a residence, or a mobilehome, as defined in
Section 18008 of the Health and Safety Code, that is classified as
personal property intended for use as a residence, if the real property
on which the manufactured home or mobilehome is located is real property
described in subdivision (c).
(c) This article shall apply to the
transactions described in subdivisions (a) and (b) only if the
transferor or his or her agent are required by one or more of the
following to disclose the property's location within a hazard zone:
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(1) A person who is acting as an
agent for a transferor 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 transferor if he
or she is acting without an agent, shall disclose to any prospective
transferee the fact that the property is located within a special
flood hazard area if either:
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(A) The transferor, or the
transferor's agent, has actual knowledge that the property is
within a special flood hazard area.
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(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.
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(2) A person who is acting as an
agent for a transferor of real property that is located within an
area of potential flooding, designated pursuant to Section
8589.5 of the Government Code, or the transferor if he or she is
acting without an agent, shall disclose to any prospective
transferee the fact that the property is located within an area of
potential flooding if either:
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(A) The transferor, or the
transferor's agent, has actual knowledge that the property is
within an inundation area.
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(B) The local jurisdiction has
compiled a list, by parcel, of properties that are within the
inundation area and a notice has posted at the offices of the
county recorder, county assessor, and county planning agency
that identifies the location of the parcel list.
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(3) A transferor of real property
that is located within a very high fire hazard severity zone,
designated pursuant to Section 51178 of the Government Code, shall
disclose to any prospective transferee 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:
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(A) The transferor, or the
transferor's agent, has actual knowledge that the property is
within a very high fire hazard severity zone.
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(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.
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(4) A person who is acting as an
agent for a transferor of real property that is located within an
earthquake fault zone, designated pursuant to Section 2622 of the
Public Resources Code, or the transferor if he or she is acting
without an agent, shall disclose to any prospective transferee the
fact that the property is located within a delineated earthquake
fault zone if either:
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(A) The transferor, or the
transferor's agent, has actual knowledge that the property is
within a delineated earthquake fault zone.
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(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.
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(5) A person who is acting as an
agent for a transferor of real property that is located within a
seismic hazard zone, designated pursuant to Section 2696 of the
Public Resources Code, or the transferor if he or she is acting
without an agent, shall disclose to any prospective transferee the
fact that the property is located within a seismic hazard zone if
either:
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(A) The transferor, or the
transferor's agent, has actual knowledge that the property is
within a seismic hazard zone.
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(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.
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(6) A transferor of real property
that is located within a state responsibility area determined by the
board, pursuant to Section 4125 of the Public Resources Code, shall
disclose to any prospective transferee 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 if either:
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(A) The transferor, or the
transferor's agent, has actual knowledge that the property is
within a wildland fire zone.
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(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.
(Added by Stats. 2004, Chap. 183 (AB
3082, Committee on Judiciary), eff. 1/1/2005)
CIVIL CODE §1103.1 EXCLUSIONS
(a) This article does not apply to the
following transfers:
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(1) Transfers pursuant to court order,
including, but not limited to, transfers ordered by a probate court in
administration of an estate, transfers pursuant to a writ of execution,
transfers by any foreclosure sale, transfers by a trustee in bankruptcy,
transfers by eminent domain, and transfers resulting from a decree for
specific performance.
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(2) Transfers to a mortgagee by a
mortgagor or successor in interest who is in default, transfers 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,
transfers by any foreclosure sale after default in an obligation secured
by a mortgage, transfers by 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, or transfers 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.
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(3) Transfers by a fiduciary in the
course of the administration of a decedent's estate, guardianship,
conservatorship, or trust.
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(4) Transfers from one co-owner to one
or more other co-owners.
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(5) Transfers made to a spouse, or to a
person or persons in the lineal line of consanguinity of one or more of
the transferors.
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(6) 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.
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(7) 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.
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(8) 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.
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(9) Transfers or exchanges to or from
any governmental entity.
(b) 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
transfers not subject to this article, agents may make required
disclosures in a separate writing.
(Added by Stats. 1999, Chap. 876 (AB
248, Torlakson), eff. 1/1/2000)
CIVIL CODE §1103.2 NATURAL HAZARD
DISCLOSURE FORM
(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 transferor and his or her agent(s)
or a third party consultant disclose the following information with the
knowledge that even though this is not a warranty, prospective
transferees may rely on this information in deciding whether and on what
terms to purchase the subject property. Transferor 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 transferor and his or her 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
transferee and the transferor.
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 VERY HIGH FIRE HAZARD SEVERITY ZONE
pursuant to Section 51178 or 51179 of the Government Code.
The owner of this property is subject
to the maintenance requirements of Section 51182 of the Government Code.
Yes______ No______
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. TRANSFEREE(S) AND TRANSFEROR(S) MAY WISH TO OBTAIN
PROFESSIONAL ADVICE REGARDING THOSE HAZARDS AND OTHER HAZARDS THAT MAY
AFFECT THE PROPERTY.
Signature of Transferor(s)
____________________ Date ____________________
Signature of Transferor(s)
____________________ Date ____________________
Agent(s)
_________________________________ Date ____________________
Agent(s)
_________________________________ Date ____________________
Check only one of the following:
□ Transferor(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).
□ Transferor(s) and their agent(s)
acknowledge that they have exercised good faith in the selection of a
third- party report provider as required in Civil Code Section 1103.7,
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
Civil Code Section 1103.4. Neither transferor(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 ____________________
Transferee represents that he or she
has read and understands this document. Pursuant to Civil Code Section
1103.8, the representations made in this Natural Hazard Disclosure
Statement do not constitute all of the transferor's or agent's
disclosure obligations in this transaction.
Signature of Transferor(s)
____________________ Date ____________________
Signature of Transferor(s)
____________________ Date ____________________
(b) If an earthquake fault zone,
seismic hazard zone, 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 transferor or
transferor's agent shall mark ‘‘Yes'' on the Natural Hazard Disclosure
Statement. The transferor or transferor's agent may mark ‘‘No'' on the
Natural Hazard Disclosure Statement if he or she attaches a report
prepared pursuant to subdivision (c) of Section 1103.4 that verifies the
property is not in the hazard zone. Nothing in this subdivision is
intended to limit or abridge any existing duty of the transferor or the
transferor's agents 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 transferor or
transferor's agent may mark ‘‘No'' on the Natural Hazard Disclosure
Statement, even if the map has not yet been updated. The transferor or
transferor'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 transferor or transferor's agent shall mark
‘‘Yes'' on the Natural Hazard Disclosure Statement, even if the map has
not yet been updated. The transferor or transferor'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 transferor and the transferor's
agent in the Local Option Real Estate Disclosure Statement described in
Section 1102.6a, provided that the Local Option Real Estate Disclosure
Statement includes substantially the same information and substantially
the same warnings that are required by this section.
(f)
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(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.
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(2) A consultant's report shall always
be accompanied by a completed and signed Natural Hazard Disclosure
Statement.
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(3) In a disclosure statement required
by this section, an agent and third-party provider may cause his or her
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 transferor, the transferor's
agents, and the transferee, 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
transferor has accepted, prior to June 1, 1998, an offer to purchase,
the transferor, or his or her agent, shall be deemed to have complied
with the requirement of subdivision (a) if the transferor or agent
delivers to the prospective transferee a statement that includes
substantially the same information and warning as the Natural Hazard
Disclosure Statement.
(Amended by Stats. 2004, Chap. 66 (AB
920, Nakano), eff. 1/1/2005)
CIVIL CODE §1103.3 DELIVERY TO BUYER
(a) The transferor of any real property
subject to this article shall deliver to the prospective transferee the
written statement required by this article, as follows:
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(1) In the case of a sale, as soon as
practicable before transfer of title.
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(2) In the case of transfer 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.
(b) The transferor shall indicate
compliance with this article either on the receipt for deposit, 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
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 or the
transferor's agent.
(Added by Stats. 1999, Chap. 876 (AB
248, Torlakson), eff. 1/1/2000)
CIVIL CODE §1103.4 LIABILITY FOR ERRORS
(a) Neither the transferor nor any
listing or selling 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 transferor or the listing or selling 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 transferee 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 transferor or any
listing or selling 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 transferee 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 that 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.
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(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.
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(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.
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(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 website. 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.
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(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. 2011, Chap. 253 (SB
110, Rubio), eff. 1/1/2013)
CIVIL CODE §1103.5 RELIEF FROM DUTY TO
DISCLOSE
(a) After a transferor 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
transferor and his or her agent shall not be required to provide notice
to the transferee 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 transferor 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.
(Added by Stats. 1999, Chap. 876 (AB
248, Torlakson), eff. 1/1/2000)
CIVIL CODE §1103.7 GOOD FAITH
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, Chap. 876 (AB
248, Torlakson), eff. 1/1/2000)
CIVIL CODE §1103.8 OTHER DISCLOSURES
(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 transfer
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.
(Added by Stats. 1999, Chap. 876 (AB
248, Torlakson), eff. 1/1/2000)
CIVIL CODE §1103.9 AMENDMENTS TO
DISCLOSURE
Any disclosure made pursuant to this
article may be amended in writing by the transferor or his or her agent,
but the amendment shall be subject to Section 1103.3.
(Added by Stats. 1999, Chap. 876 (AB
248, Torlakson), eff. 1/1/2000)
CIVIL CODE §1103.10 PERSONAL DELIVERY
OR MAIL
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, Chap. 876 (AB
248, Torlakson), eff. 1/1/2000)
CIVIL CODE §1103.11 THOSE WHO ARE NOT
AGENTS
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, Chap. 876 (AB
248, Torlakson), eff. 1/1/2000)
CIVIL CODE §1103.12 AGENT'S
RESPONSIBILITIES
(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, Chap. 876 (AB
248, Torlakson), eff. 1/1/2000)
CIVIL CODE §1103.13 NO TRANSACTION
INVALIDATED
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, Chap. 876 (AB
248, Torlakson), eff. 1/1/2000)
CIVIL CODE §1103.14 LISTING AGENT
DEFINED
(a) As used in this article, ‘‘listing
agent'' means listing agent as defined in subdivision (f) of Section
1086.
(b) As used in this article, ‘‘selling
agent'' means selling agent as defined in subdivision (g) of Section
1086, exclusive of the requirement that the agent be a participant in a
multiple listing service as defined in Section 1087.
(Added by Stats. 1999, Chap. 876 (AB
248, Torlakson), eff. 1/1/2000)
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