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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:
	
		- 
		
			(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:
		
			- 
			
				(A) The transferor, or the 
				transferor'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 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:
		
			- 
			
				(A) The transferor, or the 
				transferor'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 posted at the offices of the 
				county recorder, county assessor, and county planning agency 
				that identifies the location of the parcel list.
			
 
		 
		 
		- 
		
			(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:
		
			- 
			
				(A) The transferor, or the 
				transferor'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 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:
		
			- 
			
				(A) The transferor, or the 
				transferor'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 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:
		
			- 
			
				(A) The transferor, or the 
				transferor'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 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: 
		
		
			- 
			
				(A) The transferor, or the 
				transferor'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.
		 
	 
	
		(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:
	
		- 
		(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.
 
		- 
		(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.
 
		- 
		(3) Transfers by a fiduciary in the 
		course of the administration of a decedent's estate, guardianship, 
		conservatorship, or trust.
 
		- 
		(4) Transfers from one co-owner to one 
		or more other co-owners.
 
		- 
		(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.
 
		- 
		(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.
 
		- 
		(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. 
		
 
		- 
		(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.
		
 
		- 
		(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) 
	
		- 
		(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 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:
	
		- 
		(1) In the case of a sale, as soon as 
		practicable before transfer of title.
 
		- 
		(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.
	
		- 
		(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 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.
	 
	
		- 
		(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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