reglab/statecodes huggingface dataset:
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 2 - Transfer of Real Property › ARTICLE 1.7 - Disclosure of Natural and Environmental Hazards, Right-to-Farm, and Other Disclosures Upon Transfer of Residential Property › Section 1103.3.

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.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 2 - Transfer of Real Property › ARTICLE 1.7 - Disclosure of Natural and Environmental Hazards, Right-to-Farm, and Other Disclosures Upon Transfer of Residential Property › Section 1103.5.

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.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 2 - Transfer of Real Property › ARTICLE 1.7 - Disclosure of Natural and Environmental Hazards, Right-to-Farm, and Other Disclosures Upon Transfer of Residential Property › Section 1103.7.

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.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 2 - Transfer of Real Property › ARTICLE 1.7 - Disclosure of Natural and Environmental Hazards, Right-to-Farm, and Other Disclosures Upon Transfer of Residential Property › Section 1103.8.

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.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 2 - Transfer of Real Property › ARTICLE 1.7 - Disclosure of Natural and Environmental Hazards, Right-to-Farm, and Other Disclosures Upon Transfer of Residential Property › Section 1103.9.

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.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 2 - Transfer of Real Property › ARTICLE 1.7 - Disclosure of Natural and Environmental Hazards, Right-to-Farm, and Other Disclosures Upon Transfer of Residential Property › Section 1103.10.

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.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 2 - Transfer of Real Property › ARTICLE 1.7 - Disclosure of Natural and Environmental Hazards, Right-to-Farm, and Other Disclosures Upon Transfer of Residential Property › Section 1103.11.

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.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 2 - Transfer of Real Property › ARTICLE 1.7 - Disclosure of Natural and Environmental Hazards, Right-to-Farm, and Other Disclosures Upon Transfer of Residential Property › Section 1103.12.

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.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 2 - Transfer of Real Property › ARTICLE 1.7 - Disclosure of Natural and Environmental Hazards, Right-to-Farm, and Other Disclosures Upon Transfer of Residential Property › Section 1103.13.

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.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 2 - Transfer of Real Property › ARTICLE 1.7 - Disclosure of Natural and Environmental Hazards, Right-to-Farm, and Other Disclosures Upon Transfer of Residential Property › Section 1103.15.

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.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 2 - Transfer of Real Property › ARTICLE 1.8 - Buyer s Choice Act › Section 1103.20.

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.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 2 - Transfer of Real Property › ARTICLE 1.8 - Buyer s Choice Act › Section 1103.21.

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.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 2 - Transfer of Real Property › ARTICLE 1.8 - Buyer s Choice Act › Section 1103.22.

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.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 2 - Transfer of Real Property › ARTICLE 2 - Effect of Transfer › Section 1104.

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.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 2 - Transfer of Real Property › ARTICLE 2 - Effect of Transfer › Section 1105.

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.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 2 - Transfer of Real Property › ARTICLE 2 - Effect of Transfer › Section 1106.

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.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 2 - Transfer of Real Property › ARTICLE 2 - Effect of Transfer › Section 1107.

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.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 2 - Transfer of Real Property › ARTICLE 2 - Effect of Transfer › Section 1108.

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.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 2 - Transfer of Real Property › ARTICLE 2 - Effect of Transfer › Section 1109.

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.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 2 - Transfer of Real Property › ARTICLE 2 - Effect of Transfer › Section [1110.].

[1110.]  Section Eleven Hundred and Ten. An instrument purporting to be a grant of real property, to take effect upon condition precedent, passes the estate upon the performance of the condition.
(Amended by Code Amendments 1873-74, Ch. 612.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 2 - Transfer of Real Property › ARTICLE 2 - Effect of Transfer › Section 1111.

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.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 2 - Transfer of Real Property › ARTICLE 2 - Effect of Transfer › Section [1112.].

[1112.]  Section Eleven Hundred and Twelve. A transfer of land, bounded by a highway, passes the title of the person whose estate is transferred to the soil of the highway in front to the center thereof, unless a different intent appears from the grant.
(Amended by Code Amendments 1873-74, Ch. 612.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 2 - Transfer of Real Property › ARTICLE 2 - Effect of Transfer › Section 1113.

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.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 2 - Transfer of Real Property › ARTICLE 2 - Effect of Transfer › Section [1114.].

[1114.]  Section Eleven Hundred and Fourteen. The term “incumbrances” includes taxes, assessments, and all liens upon real property.
(Amended by Code Amendments 1873-74, Ch. 612.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 2 - Transfer of Real Property › ARTICLE 2 - Effect of Transfer › Section 1115.

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.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 2 - Transfer of Real Property › ARTICLE 2 - Effect of Transfer › Section 1133.

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.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 2 - Transfer of Real Property › ARTICLE 2 - Effect of Transfer › Section 1134.

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.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 3 - Transfer of Personal Property › ARTICLE 1 - Mode of Transfer › Section 1135.

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.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 3 - Transfer of Personal Property › ARTICLE 1 - Mode of Transfer › Section 1140.

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.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 3 - Transfer of Personal Property › ARTICLE 3 - Gifts › Section 1147.

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.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 3 - Transfer of Personal Property › ARTICLE 3 - Gifts › Section 1148.

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.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 4 - Recording Transfers › ARTICLE 2 - Mode of Recording › Section 1169.

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.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 4 - Recording Transfers › ARTICLE 2 - Mode of Recording › Section [1170.].

[1170.]  Section Eleven Hundred and Seventy. An instrument is deemed to be recorded when, being duly acknowledged or proved and certified, it is deposited in the Recorder’s office, with the proper officer, for record.
(Amended by Code Amendments 1873-74, Ch. 612.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 4 - Recording Transfers › ARTICLE 2 - Mode of Recording › Section 1171.

1171. Grants, absolute in terms, are to be recorded in one set of books, and mortgages in another.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 4 - Recording Transfers › ARTICLE 2 - Mode of Recording › Section 1172.

1172. The duties of county recorders, in respect to recording instruments, are prescribed by the Government Code.
(Amended by Stats. 1959, Ch. 593.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 4 - Recording Transfers › ARTICLE 2 - Mode of Recording › Section 1173.

1173. The mode of recording transfers of ships registered under the laws of the United States is regulated by Acts of Congress.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 4 - Recording Transfers › ARTICLE 3 - Proof and Acknowledgment of Instruments › Section 1180.

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.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 4 - Recording Transfers › ARTICLE 3 - Proof and Acknowledgment of Instruments › Section 1181.

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.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 4 - Recording Transfers › ARTICLE 3 - Proof and Acknowledgment of Instruments › Section 1181.1.

1181.1. (a) Section 1181 shall not be construed to authorize any person, other than a notary public authorized by the Secretary of State to perform online notarizations pursuant to Article 2 (commencing with Section 8231) of Chapter 3 of Division 1 of Title 2 of the Government Code, to take a proof or acknowledgment of an instrument by means of appearances using audio-video communication, as that term is defined in subdivision (a) of Section 8231.1 of the Government Code.
(b) A California notary public shall not provide online notarization for any principal, and an online notarization platform shall not be authorized for use by a California notary public, until the earlier of the following:
(1) Certification by the Secretary of State on its internet website that the Secretary of State’s technology project necessary to implement statutes related to online notarization is complete.
(2) January 1, 2030, unless the Secretary of State informs the Legislature and the Governor in writing on or before January 1, 2029, that the technology project necessary to implement statutes related to online notarization will not be completed by January 1, 2030, including a detailed status of the technology project.
(c) This section shall remain in effect until the attainment of paragraph (1) or (2) of subdivision (b), and as of that date is repealed.
(Added by Stats. 2023, Ch. 291, Sec. 1. (SB 696) Effective January 1, 2024. Conditionally repealed as prescribed by its own provisions. See later operative version added by Sec. 2 of Stats. 2023, Ch. 291.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 4 - Recording Transfers › ARTICLE 3 - Proof and Acknowledgment of Instruments › Section 1181.1.

1181.1. (a) Section 1181 shall not be construed to authorize any person, other than a notary public authorized by the Secretary of State to perform online notarizations pursuant to Article 2 (commencing with Section 8231) of Chapter 3 of Division 1 of Title 2 of the Government Code, to take a proof or acknowledgment of an instrument by means of appearances using audio-video communication, as that term is defined in subdivision (a) of Section 8231.1 of the Government Code.
(b) This section shall become operative upon the earlier of the following:
(1) Certification by the Secretary of State on its internet website that the Secretary of State’s technology project necessary to implement statutes related to online notarization is complete.
(2) January 1, 2030, unless the Secretary of State informs the Legislature and the Governor in writing on or before January 1, 2029, that the technology project necessary to implement statutes related to online notarization will not be completed by January 1, 2030, including a detailed status of the technology project.
(Repealed (in Sec. 1) and added by Stats. 2023, Ch. 291, Sec. 2. (SB 696) Effective January 1, 2024. Conditionally operative as prescribed by its own provisions.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 4 - Recording Transfers › ARTICLE 3 - Proof and Acknowledgment of Instruments › Section 1182.

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.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 4 - Recording Transfers › ARTICLE 3 - Proof and Acknowledgment of Instruments › Section 1183.

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.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 4 - Recording Transfers › ARTICLE 3 - Proof and Acknowledgment of Instruments › Section 1184.

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.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 4 - Recording Transfers › ARTICLE 3 - Proof and Acknowledgment of Instruments › Section 1188.

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.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 4 - Recording Transfers › ARTICLE 3 - Proof and Acknowledgment of Instruments › Section 1190.

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.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 4 - Recording Transfers › ARTICLE 3 - Proof and Acknowledgment of Instruments › Section 1193.

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.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 4 - Recording Transfers › ARTICLE 3 - Proof and Acknowledgment of Instruments › Section 1195.

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.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 4 - Recording Transfers › ARTICLE 3 - Proof and Acknowledgment of Instruments › Section 1196.

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.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 4 - Recording Transfers › ARTICLE 3 - Proof and Acknowledgment of Instruments › Section 1197.

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.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 4 - Recording Transfers › ARTICLE 3 - Proof and Acknowledgment of Instruments › Section 1198.

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.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 4 - Recording Transfers › ARTICLE 3 - Proof and Acknowledgment of Instruments › Section [1199.].

[1199.]
Section Eleven Hundred and Ninety-nine. The evidence taken under the preceding section must satisfactorily prove to the officer the following facts:
One—The existence of one or more of the conditions mentioned therein; and,
Two—That the witness testifying knew the person whose name purports to be subscribed to the instrument as a party, and is well acquainted with his signature, and that it is genuine; and,
Three—That the witness testifying personally knew the person who subscribed the instrument as a witness, and is well acquainted with his signature, and that it is genuine; and,
Four—The place of residence of the witness.
(Amended by Code Amendments 1873-74, Ch. 612.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 4 - Recording Transfers › ARTICLE 3 - Proof and Acknowledgment of Instruments › Section 1200.

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.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 4 - Recording Transfers › ARTICLE 3 - Proof and Acknowledgment of Instruments › Section 1201.

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.)