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 - Mode of Transfer › Section 1099.

1099. (a) As soon as practical before transfer of title of any real property or the execution of a real property sales contract as defined in Section 2985, the transferor, fee owner, or his or her agent, shall deliver to the transferee a copy of a structural pest control inspection report prepared pursuant to Section 8516 of the Business and Professions Code upon which any certification in accordance with Section 8519 of the Business and Professions Code may be made, provided that certification or preparation of a report is a condition of the contract effecting that transfer, or is a requirement imposed as a condition of financing such transfer.
(b) If a notice of work completed as contemplated by Section 8518 of the Business and Professions Code, indicating action by a structural pest control licensee in response to an inspection report delivered or to be delivered under provisions of subdivision (a), or a certification pursuant to Section 8519 of the Business and Professions Code, has been received by a transferor or his or her agent before transfer of title or execution of a real property sales contract as defined in Section 2985, it shall be furnished to the transferee as soon as practical before transfer of title or the execution of such real property sales contract.
(c) Delivery to a transferee as used in this section means delivery in person or by mail to the transferee himself or herself or any person authorized to act for him or her in the transaction or to such additional transferees who have requested such delivery from the transferor or his or her agent in writing. For the purposes of this section, delivery to either spouse shall be deemed delivery to a transferee, unless the contract affecting the transfer states otherwise.
(d) No transfer of title of real property shall be invalidated solely because of the failure of any person to comply with the provisions of this section unless such failure is an act or omission which would be a valid ground for rescission of such transfer in the absence of this section.
(Amended by Stats. 2016, Ch. 50, Sec. 10. (SB 1005) Effective January 1, 2017.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 2 - Transfer of Real Property › ARTICLE 1.4 - Installation of Water Use Efficiency Improvements › Section 1101.1.

1101.1. The Legislature finds and declares all of the following:
(a) Adequate water supply reliability for all uses is essential to the future economic and environmental health of California.
(b) Environmentally sound strategies to meet future water supply and wastewater treatment needs are key to protecting and restoring aquatic resources in California.
(c) There is a pressing need to address water supply reliability issues raised by growing urban areas.
(d) Economic analysis by urban water agencies has identified urban water conservation as a cost-effective approach to addressing water supply needs.
(e) There are many water conservation practices that produce significant energy and other resource savings that should be encouraged as a matter of state policy.
(f) Since the 1991 signing of the “Memorandum of Understanding Regarding Urban Water Conservation in California,” many urban water and wastewater treatment agencies have gained valuable experience that can be applied to produce significant statewide savings of water, energy, and associated infrastructure costs. This experience indicates a need to regularly revise and update water conservation methodologies and practices.
(g) To address these concerns, it is the intent of the Legislature to require that residential and commercial real property built and available for use or occupancy on or before January 1, 1994, be equipped with water-conserving plumbing fixtures.
(h) It is further the intent of the Legislature that retail water suppliers are encouraged to provide incentives, financing mechanisms, and funding to assist property owners with these retrofit obligations.
(Added by Stats. 2009, Ch. 587, Sec. 1. (SB 407) Effective January 1, 2010.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 2 - Transfer of Real Property › ARTICLE 1.4 - Installation of Water Use Efficiency Improvements › Section 1101.2.

1101.2. Except as provided in Section 1101.7, this article shall apply to residential and commercial real property built and available for use on or before January 1, 1994.
(Added by Stats. 2009, Ch. 587, Sec. 1. (SB 407) Effective January 1, 2010.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 2 - Transfer of Real Property › ARTICLE 1.4 - Installation of Water Use Efficiency Improvements › Section 1101.3.

1101.3. For the purposes of this article:
(a) “Commercial real property” means any real property that is improved with, or consisting of, a building that is intended for commercial use, including hotels and motels, that is not a single-family residential real property or a multifamily residential real property.
(b) “Multifamily residential real property” means any real property that is improved with, or consisting of, a building containing more than one unit that is intended for human habitation, or any mixed residential-commercial buildings or portions thereof that are intended for human habitation. Multifamily residential real property includes residential hotels but does not include hotels and motels that are not residential hotels.
(c) “Noncompliant plumbing fixture” means any of the following:
(1) Any toilet manufactured to use more than 1.6 gallons of water per flush.
(2) Any urinal manufactured to use more than one gallon of water per flush.
(3) Any showerhead manufactured to have a flow capacity of more than 2.5 gallons of water per minute.
(4) Any interior faucet that emits more than 2.2 gallons of water per minute.
(d) “Single-family residential real property” means any real property that is improved with, or consisting of, a building containing not more than one unit that is intended for human habitation.
(e) “Water-conserving plumbing fixture” means any fixture that is in compliance with current building standards applicable to a newly constructed real property of the same type.
(f) “Sale or transfer” means the sale or transfer of an entire real property estate or the fee interest in that real property estate and does not include the sale or transfer of a partial interest, including a leasehold.
(Added by Stats. 2009, Ch. 587, Sec. 1. (SB 407) Effective January 1, 2010.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 2 - Transfer of Real Property › ARTICLE 1.4 - Installation of Water Use Efficiency Improvements › Section 1101.4.

1101.4. (a) For all building alterations or improvements to single-family residential real property, as a condition for issuance of a certificate of final completion and occupancy or final permit approval by the local building department, the permit applicant shall replace all noncompliant plumbing fixtures with water-conserving plumbing fixtures.
(b) On or before January 1, 2017, noncompliant plumbing fixtures in any single-family residential real property shall be replaced by the property owner with water-conserving plumbing fixtures.
(c) A seller or transferor of single-family residential real property shall disclose in writing to the prospective purchaser or transferee the requirements of subdivision (b) and whether the real property includes any noncompliant plumbing fixtures.
(Amended by Stats. 2019, Ch. 310, Sec. 2. (AB 892) Effective January 1, 2020.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 2 - Transfer of Real Property › ARTICLE 1.4 - Installation of Water Use Efficiency Improvements › Section 1101.5.

1101.5. (a) On or before January 1, 2019, all noncompliant plumbing fixtures in any multifamily residential real property and in any commercial real property shall be replaced with water-conserving plumbing fixtures.
(b) An owner or the owner’s agent may enter the owner’s property for the purpose of installing, repairing, testing, and maintaining water-conserving plumbing fixtures required by this section, consistent with notice requirements of Section 1954.
(c) On and after January 1, 2019, the water-conserving plumbing fixtures required by this section shall be operating at the manufacturer’s rated water consumption at the time that the tenant takes possession. A tenant shall be responsible for notifying the owner or owner’s agent if the tenant becomes aware that a water-conserving plumbing fixture within his or her unit is not operating at the manufacturer’s rated water consumption. The owner or owner’s agent shall correct an inoperability in a water-conserving plumbing fixture upon notice by the tenant or if detected by the owner or the owner’s agent.
(d) (1) On and after January 1, 2014, all noncompliant plumbing fixtures in any multifamily residential real property and any commercial real property shall be replaced with water-conserving plumbing fixtures in the following circumstances:
(A) For building additions in which the sum of concurrent building permits by the same permit applicant would increase the floor area of the space in a building by more than 10 percent, the building permit applicant shall replace all noncompliant plumbing fixtures in the building.
(B) For building alterations or improvements in which the total construction cost estimated in the building permit is greater than one hundred fifty thousand dollars ($150,000), the building permit applicant shall replace all noncompliant plumbing fixtures that service the specific area of the improvement.
(C) Notwithstanding subparagraph (A) or (B), for any alterations or improvements to a room in a building that require a building permit and that room contains any noncompliant plumbing fixtures, the building permit applicant shall replace all noncompliant plumbing fixtures in that room.
(2) Replacement of all noncompliant plumbing fixtures with water-conserving plumbing fixtures, as described in paragraph (1), shall be a condition for issuance of a certificate of final completion and occupancy or final permit approval by the local building department.
(e) On and after January 1, 2019, a seller or transferor of multifamily residential real property or of commercial real property shall disclose to the prospective purchaser or transferee, in writing, the requirements of subdivision (a) and whether the property includes any noncompliant plumbing fixtures. This disclosure may be included in other transactional documents.
(Amended by Stats. 2013, Ch. 183, Sec. 1. (SB 745) Effective January 1, 2014.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 2 - Transfer of Real Property › ARTICLE 1.4 - Installation of Water Use Efficiency Improvements › Section 1101.6.

1101.6. The duty of an owner or building permit applicant to comply with the requirements of this article shall be postponed for one year from the date of issuance of a demolition permit for the building. If the building is demolished within the one-year postponement, the requirements of this article shall not apply. If the building is not demolished after the expiration of one year, the provisions of this article shall apply, subject to appeal to the local building department, even though the demolition permit is still in effect or a new demolition permit has been issued.
(Added by Stats. 2009, Ch. 587, Sec. 1. (SB 407) Effective January 1, 2010.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 2 - Transfer of Real Property › ARTICLE 1.4 - Installation of Water Use Efficiency Improvements › Section 1101.7.

1101.7. This article shall not apply to any of the following:
(a) Registered historical sites.
(b) Real property for which a licensed plumber certifies that, due to the age or configuration of the property or its plumbing, installation of water-conserving plumbing fixtures is not technically feasible.
(c) A building for which water service is permanently disconnected.
(Added by Stats. 2009, Ch. 587, Sec. 1. (SB 407) Effective January 1, 2010.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 2 - Transfer of Real Property › ARTICLE 1.4 - Installation of Water Use Efficiency Improvements › Section 1101.8.

1101.8. A city, county, or city and county, or a retail water supplier may do either of the following:
(a) Enact local ordinances or establish policies that promote compliance with this article.
(b) Enact local ordinances or establish policies that will result in a greater amount of water savings than those provided for in this article.
(Added by Stats. 2009, Ch. 587, Sec. 1. (SB 407) Effective January 1, 2010.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 2 - Transfer of Real Property › ARTICLE 1.4 - Installation of Water Use Efficiency Improvements › Section 1101.9.

1101.9. Any city, county, or city and county that has adopted an ordinance requiring retrofit of noncompliant plumbing fixtures prior to July 1, 2009, shall be exempt from the requirements of this article so long as the ordinance remains in effect.
(Added by Stats. 2009, Ch. 587, Sec. 1. (SB 407) Effective January 1, 2010.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 2 - Transfer of Real Property › ARTICLE 1.5 - Disclosures Upon Transfer of Residential Property › Section 1102.

1102. (a) Except as provided in Section 1102.2, this article applies to any transfer by sale, exchange, real property sales contract as defined in Section 2985, lease with an option to purchase, any other option to purchase, or ground lease coupled with improvements of any single-family residential property.
(b) For purposes of this article, the definitions contained in Chapter 1 (commencing with Section 10000) of Part 1 of Division 4 of the Business and Professions Code shall apply.
(c) Any waiver of the requirements of this article is void as against public policy.
(Amended by Stats. 2019, Ch. 310, Sec. 3. (AB 892) Effective January 1, 2020.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 2 - Transfer of Real Property › ARTICLE 1.5 - Disclosures Upon Transfer of Residential Property › Section 1102.3.

1102.3. The seller of any single-family real property subject to this article shall deliver to the prospective buyer the completed written statement required by this article, as follows:
(a) In the case of a sale, as soon as practicable before transfer of title.
(b) In the case of sale by a real property sales contract, as defined in Section 2985, or by a lease together with an option to purchase, or a ground lease coupled with improvements, as soon as practicable before execution of the contract. For the purpose of this subdivision, “execution” means the making or acceptance of an offer.
(c) With respect to any sale subject to subdivision (a) or (b), the seller shall indicate compliance with this article on the real property sales contract, the lease, or any addendum attached thereto or on a separate document.
If any disclosure, or any material amendment of any disclosure, required to be made by this article, is delivered after the execution of an offer to purchase, the prospective buyer shall have three days after delivery in person, five days after delivery by deposit in the mail, or five days after delivery of an electronic record in transactions where the parties have agreed to conduct the transaction by electronic means, pursuant to provisions of the Uniform Electronic Transactions Act (Title 2.5 (commencing with Section 1633.1) of Part 2 of Division 3), to terminate the offer by delivery of a written notice of termination to the seller or the seller’s agent. The period of time the prospective buyer has in which to terminate the offer commences when Sections I and II, and, if the seller is represented by an agent in the transaction, then also Section III, in the form described in Section 1102.6, are completed and delivered to the buyer or buyer’s agent. A real estate agent may complete their own portion of the required disclosure by providing all of the information on the agent’s inspection disclosure set forth in Section 1102.6.
(Amended by Stats. 2019, Ch. 310, Sec. 5. (AB 892) Effective January 1, 2020.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 2 - Transfer of Real Property › ARTICLE 1.5 - Disclosures Upon Transfer of Residential Property › Section 1102.3a.

1102.3a. (a) The transferor of any manufactured home or mobilehome subject to this article shall deliver to the prospective transferee the written statement required by this article, as follows:
(1) In the case of a sale, or a lease with an option to purchase, of a manufactured home or mobilehome, involving an agent, as defined in Section 18046 of the Health and Safety Code, as soon as practicable, but no later than the close of escrow for the purchase of the manufactured home or mobilehome.
(2) In the case of a sale, or lease with an option to purchase, of a manufactured home or mobilehome, not involving an agent, as defined in Section 18046 of the Health and Safety Code, at the time of execution of any document by the prospective transferee with the transferor for the purchase of the manufactured home or mobilehome.
(b) With respect to any transfer subject to this section, the transferor shall indicate compliance with this article either on the transfer disclosure statement, any addendum thereto, or on a separate document.
(c) If any disclosure, or any material amendment of any disclosure, required to be made pursuant to subdivision (b) of Section 1102, is delivered after the execution of an offer to purchase, the transferee shall have three days after delivery in person or five days after delivery by deposit in the mail, to terminate his or her offer by delivery of a written notice of termination to the transferor.
(Added by Stats. 1999, Ch. 517, Sec. 5. Effective January 1, 2000.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 2 - Transfer of Real Property › ARTICLE 1.5 - Disclosures Upon Transfer of Residential Property › Section 1102.4.

1102.4. (a) Neither the seller nor any seller’s agent or buyer’s agent shall be liable for any error, inaccuracy, or omission of any information delivered pursuant to this article if the error, inaccuracy, or omission was not within the personal knowledge of the seller or that listing or buyer’s agent, was based on information timely provided by public agencies or by other persons providing information as specified in subdivision (c) that is required to be disclosed pursuant to this article, and ordinary care was exercised in obtaining and transmitting it.
(b) The delivery of any information required to be disclosed by this article to a prospective buyer by a public agency or other person providing information required to be disclosed pursuant to this article shall be deemed to comply with the requirements of this article and shall relieve the seller or any listing or buyer’s agent of any further duty under this article with respect to that item of information.
(c) The delivery of a report or opinion prepared by a licensed engineer, land surveyor, geologist, structural pest control operator, contractor, a C-39 roofing contractor conducting a roof inspection pursuant to subdivision (d) of Section 7197 of the Business and Professions Code, or other expert, dealing with matters within the scope of the professional’s license or expertise, shall be sufficient compliance for application of the exemption provided by subdivision (a) if the information is provided to the prospective buyer pursuant to a request therefor, whether written or oral. In responding to such a request, an expert may indicate, in writing, an understanding that the information provided will be used in fulfilling the requirements of Section 1102.6 and, if so, shall indicate the required disclosures, or parts thereof, to which the information being furnished is applicable. Where such a statement is furnished, the expert shall not be responsible for any items of information or parts thereof, other than those expressly set forth in the statement.
(Amended by Stats. 2018, Ch. 907, Sec. 11. (AB 1289) Effective January 1, 2019.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 2 - Transfer of Real Property › ARTICLE 1.5 - Disclosures Upon Transfer of Residential Property › Section 1102.5.

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

1102.6. (a) The disclosures required by this article pertaining to the property proposed to be transferred are set forth in, and shall be made on a copy of, the following disclosure form:
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
NOTICE OF INCOMPLETE TEXT: The Real Estate Transfer
Disclosure Statement appears in the published bill.
See Sec. 25, Chapter 370 (pp. 34–38), Statutes of 2020.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
(b) The amendments to this section by the act adding this subdivision shall become operative on July 1, 2014.
(Amended by Stats. 2020, Ch. 370, Sec. 25. (SB 1371) Effective January 1, 2021. Note: See published chaptered bill for complete section text. The Real Estate Transfer Disclosure Statement appears on pages 34 to 38 of Ch. 370.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 2 - Transfer of Real Property › ARTICLE 1.5 - Disclosures Upon Transfer of Residential Property › Section 1102.6a.

1102.6a. (a) On and after July 1, 1990, any city or county may elect to require disclosures on the form set forth in subdivision (b) in addition to those disclosures required by Section 1102.6. However, this section does not affect or limit the authority of a city or county to require disclosures on a different disclosure form in connection with transactions subject to this article pursuant to an ordinance adopted prior to July 1, 1990. An ordinance like this adopted prior to July 1, 1990, may be amended thereafter to revise the disclosure requirements of the ordinance, in the discretion of the city council or county board of supervisors.
(b) Disclosures required pursuant to this section pertaining to the property proposed to be sold, shall be set forth in, and shall be made on a copy of, the following disclosure form:
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
NOTICE OF INCOMPLETE TEXT: The Local Option Real Estate Transfer
Disclosure Statement appears in the published bill.
See Sec. 13, Chapter 907 (pp. 9–10), Statutes of 2018.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
(c) This section does not preclude the use of addenda to the form specified in subdivision (b) to facilitate the required disclosures. This section does not preclude a city or county from using the disclosure form specified in subdivision (b) for a purpose other than that specified in this section.
(d) (1) On and after January 1, 2005, if a city or county adopts a different or additional disclosure form pursuant to this section regarding the proximity or effects of an airport, the statement in that form shall contain, at a minimum, the information in the statement “Notice of Airport in Vicinity” found in Section 11010 of the Business and Professions Code, or Section 1103.4 or 4255.
(2) On and after January 1, 2006, if a city or county does not adopt a different or additional disclosure form pursuant to this section, then the provision of an “airport influence area” disclosure pursuant to Section 11010 of the Business and Professions Code, or Section 1103.4 or 4255, or if there is not a current airport influence map, a written disclosure of an airport within two statute miles, shall be deemed to satisfy any city or county requirements for the disclosure of airports in connection with sales of real property.
(Amended by Stats. 2018, Ch. 907, Sec. 13. (AB 1289) Effective January 1, 2019. Note: See published chaptered bill for complete section text. The Local Option Real Estate Transfer Disclosure Statement appears on pages 9 to 10 of Ch. 907.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 2 - Transfer of Real Property › ARTICLE 1.5 - Disclosures Upon Transfer of Residential Property › Section 1102.6c.

1102.6c. (a) In addition to any other disclosure required pursuant to this article, it shall be the sole responsibility of the seller of any real property subject to this article, or his or her agent, to deliver to the prospective buyer a disclosure notice that includes both of the following:
(1) A notice, in at least 12-point type or a contrasting color, as follows:
“California property tax law requires the Assessor to revalue real property at the time the ownership of the property changes. Because of this law, you may receive one or two supplemental tax bills, depending on when your loan closes.
The supplemental tax bills are not mailed to your lender. If you have arranged for your property tax payments to be paid through an impound account, the supplemental tax bills will not be paid by your lender. It is your responsibility to pay these supplemental bills directly to the tax collector. If you have any question concerning this matter, please call your local tax collector’s office.”
(2) A title, in at least 14-point type or a contrasting color, that reads as follows: “Notice of Your ’Supplemental’ Property Tax Bill.”
(b) The disclosure notice requirements of this section may be satisfied by delivering a disclosure notice pursuant to Section 1102.6b that satisfies the requirements of subdivision (a).
(Amended by Stats. 2018, Ch. 907, Sec. 15. (AB 1289) Effective January 1, 2019.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 2 - Transfer of Real Property › ARTICLE 1.5 - Disclosures Upon Transfer of Residential Property › Section 1102.6d.

1102.6d. Except for manufactured homes and mobilehomes located in a common interest development governed by Part 5 (commencing with Section 4000) of Division 4, the disclosures applicable to the resale of a manufactured home or mobilehome pursuant to subdivision (b) of Section 1102 are set forth in, and shall be made on a copy of, the following disclosure form:
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
NOTICE OF INCOMPLETE TEXT: The Manufactured Home and
Mobilehome Transfer Disclosure Statement is in the hard-copy publication of the
chaptered bill. See Sec. 34, Chapter 181 (pp. 29–33), Statutes of 2012.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
(Amended by Stats. 2012, Ch. 181, Sec. 34. (AB 806) Effective January 1, 2013. Operative January 1, 2014, by Sec. 86 of Ch. 181. Note: See published chaptered bill for complete section text. The Manufactured Home and Mobilehome Transfer Disclosure Statement appears on pages 29 to 33 of Ch. 181.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 2 - Transfer of Real Property › ARTICLE 1.5 - Disclosures Upon Transfer of Residential Property › Section 1102.6e.

1102.6e. If a property being transferred on or after January 1, 2008, is subject to a transfer fee, as defined in Section 1098, the transferor shall provide, at the same time as the transfer disclosure statement required pursuant to Section 1102.6 is provided if the document required by subdivision (b) of Section 1098.5 has not already been provided, an additional disclosure statement containing all of the following:
(a) Notice that payment of a transfer fee is required as a result of transfer of the property.
(b) The amount of the fee required for the asking price of the real property, if the amount of the fee is based on the price of the real property, and a description of how the fee is calculated.
(c) Notice that the final amount of the fee may be different if the fee is based upon a percentage of the final sale price.
(d) The entity to which funds from the fee will be paid.
(e) The purposes for which funds from the fee will be used.
(f) The date or circumstances under which the obligation to pay the transfer fee expires, if any.
(Amended by Stats. 2015, Ch. 634, Sec. 3. (AB 807) Effective January 1, 2016.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 2 - Transfer of Real Property › ARTICLE 1.5 - Disclosures Upon Transfer of Residential Property › Section 1102.6f.

1102.6f. (a) On or after January 1, 2021, in addition to any other disclosure required pursuant to this article, the seller of any real property subject to this article that is located in a high or very high fire hazard severity zone, as identified by the Director of Forestry and Fire Protection pursuant to Section 51178 of the Government Code or Article 9 (commencing with Section 4201) of Chapter 1 of Part 2 of Division 4 of the Public Resources Code, shall provide a disclosure notice to the buyer, if the home was constructed before January 1, 2010, that includes the following information:
(1) A statement as follows: “This home is located in a high or very high fire hazard severity zone and this home was built before the implementation of the Wildfire Urban Interface building codes which help to fire harden a home. To better protect your home from wildfire, you might need to consider improvements. Information on fire hardening, including current building standards and information on minimum annual vegetation management standards to protect homes from wildfires, can be obtained on the internet website http://www.readyforwildfire.org.”
(2) On or after July 1, 2025, a list of low-cost retrofits developed and listed pursuant to Section 51189 of the Government Code. The notice shall disclose which listed retrofits, if any, have been completed during the time that the seller has owned the property.
(3) A list of the following features that may make the home vulnerable to wildfire and flying embers. The notice shall disclose which of the listed features, if any, that exist on the home of which the seller is aware:
(A) Eave, soffit, and roof ventilation where the vents have openings in excess of one-eighth of an inch or are not flame and ember resistant.
(B) Roof coverings made of untreated wood shingles or shakes.
(C) Combustible landscaping or other materials within five feet of the home and under the footprint of any attached deck.
(D) Single pane or nontempered glass windows.
(E) Loose or missing bird stopping or roof flashing.
(F) Rain gutters without metal or noncombustible gutter covers.
(b) If, pursuant to Section 51182 of the Government Code, a seller has obtained a final inspection report described in that section, the seller shall provide to the buyer a copy of that report or information on where a copy of the report may be obtained.
(c) This section shall not be construed as a requirement, instruction, or consideration for present or future building code formulation, including, but not limited to, the Wildland Urban Interface building standards (Chapter 7A (commencing with Section 701A.1) of Part 2 of Title 24 of the California Code of Regulations).
(Amended by Stats. 2020, Ch. 370, Sec. 26. (SB 1371) Effective January 1, 2021.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 2 - Transfer of Real Property › ARTICLE 1.5 - Disclosures Upon Transfer of Residential Property › Section 1102.6g.

1102.6g. (a) After July 1, 2022, every contract for the sale of real property shall contain, in no less than 8-point type, the following notice:
“Any appraisal of the property is required to be unbiased, objective, and not influenced by improper or illegal considerations, including, but not limited to, any of the following: race, color, religion (including religious dress, grooming practices, or both), gender (including, but not limited to, pregnancy, childbirth, breastfeeding, and related conditions, and gender identity and gender expression), sexual orientation, marital status, medical condition, military or veteran status, national origin (including language use and possession of a driver’s license issued to persons unable to provide their presence in the United States is authorized under federal law), source of income, ancestry, disability (mental and physical, including, but not limited to, HIV/AIDS status, cancer diagnosis, and genetic characteristics), genetic information, or age. If a buyer or seller believes that the appraisal has been influenced by any of the above factors, the seller or buyer can report this information to the lender or mortgage broker that retained the appraiser and may also file a complaint with the Bureau of Real Estate Appraisers at https://www2.brea.ca.gov/complaint/ or call (916) 552-9000 for further information on how to file a complaint.”
(b) The notice described in subdivision (a) shall also be delivered by a licensed person refinancing a first lien purchase money loan secured by residential real property containing no more than four dwelling units, either prior to, or with, the loan estimate as required by the federal Truth in Lending Act, as amended (15 U.S.C. Sec. 1601 et seq.), or the mortgage loan disclosure statement as required pursuant to Section 10240 of the Business and Professions Code. The notice described in subdivision (a) may be included as part of the disclosure required under Section 1002.14(a)(2) of the federal Equal Credit Opportunity Act (Regulation B) (12 C.F.R. Sec. 1002 et seq.).
(c) For purposes of this section, a “licensed person” means a depository institution chartered under federal or state law, a person covered by the licensing requirements of Division 9 (commencing with Section 22000) or Division 20 (commencing with Section 50000) of the Financial Code, or a person licensed pursuant to Part 1 (commencing with Section 10000) of Division 4 of the Business and Professions Code.
(Added by Stats. 2021, Ch. 352, Sec. 6. (AB 948) Effective January 1, 2022.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 2 - Transfer of Real Property › ARTICLE 1.5 - Disclosures Upon Transfer of Residential Property › Section 1102.6h.

1102.6h. (a) A seller of a single-family residential property who accepts an offer for the sale of the single-family residential property within 18 months from the date that title for the single-family residential property was transferred to the seller shall disclose, in addition to any other disclosure required pursuant to this article, to the buyer both of the following:
(1) Any room additions, structural modifications, other alterations, or repairs made to the property since title to the property was transferred to the seller that were performed by a contractor with whom the seller entered into a contract.
(2) The name of each contractor with whom the seller entered into a contract with for the room additions, structural modifications, other alterations, or repairs disclosed in paragraph (1) and any contact information for the contractor provided by the contractor to the seller. The obligation to provide the name of the contractor shall only apply to contracts where the aggregate contract price for labor, material, and all other items for the project or undertaking is in excess of the dollar amount specified in Section 7027.2 of the Business and Professions Code.
(b) The seller’s obligation to disclose the room additions, structural modifications, other alterations, or repairs made to the property performed by a contractor may also be satisfied by providing a list of room additions, structural modifications, other alterations, or repairs performed by, and provided by, the contractor with whom the seller contracted for the room additions, structural modifications, other alterations, or repairs.
(c) (1) If the seller obtained a permit for any room additions, structural modifications, other alterations, or repairs provided to the buyer pursuant to subdivision (a), the seller shall provide a copy of the permit to the buyer.
(2) If the seller contracted with a third party for any room additions, structural modifications, or repairs, and the seller was not provided with a copy of any permits obtained, the seller may satisfy the obligation in paragraph (1) by informing the buyer that any information on permits may be obtained from the third party and providing the contact information for the third party provided by the third party to the seller.
(d) This section shall apply to the sale of a single-family residential property where the seller accepts an offer from a buyer to purchase the property on or after July 1, 2024.
(Added by Stats. 2023, Ch. 95, Sec. 1. (AB 968) Effective January 1, 2024.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 2 - Transfer of Real Property › ARTICLE 1.5 - Disclosures Upon Transfer of Residential Property › Section 1102.7.

1102.7. Each disclosure required by this article and each act which may be performed in making the disclosure, shall be made in good faith. For purposes of this article, “good faith” means honesty in fact in the conduct of the transaction.
(Added by Stats. 1985, Ch. 1574, Sec. 2. Operative January 1, 1987, by Sec. 3 of Ch. 1574.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 2 - Transfer of Real Property › ARTICLE 1.5 - Disclosures Upon Transfer of Residential Property › Section 1102.8.

1102.8. The specification of items for disclosure in this article does not limit or abridge any obligation for disclosure created by any other provision of law or which may exist in order to avoid fraud, misrepresentation, or deceit in the transfer transaction.
(Added by Stats. 1985, Ch. 1574, Sec. 2. Operative January 1, 1987, by Sec. 3 of Ch. 1574.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 2 - Transfer of Real Property › ARTICLE 1.5 - Disclosures Upon Transfer of Residential Property › Section 1102.9.

1102.9. Any disclosure made pursuant to this article may be amended in writing by the seller or his or her agent, but the amendment shall be subject to Section 1102.3 or 1102.3a.
(Amended by Stats. 2018, Ch. 907, Sec. 16. (AB 1289) Effective January 1, 2019.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 2 - Transfer of Real Property › ARTICLE 1.5 - Disclosures Upon Transfer of Residential Property › Section 1102.10.

1102.10. Delivery of disclosures required by this article shall be by personal delivery to the tranferee or by mail to the prospective transferee. For the purposes of this article, delivery to the spouse of a transferee shall be deemed delivery to the transferee, unless provided otherwise by contract.
(Added by Stats. 1985, Ch. 1574, Sec. 2. Operative January 1, 1987, by Sec. 3 of Ch. 1574.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 2 - Transfer of Real Property › ARTICLE 1.5 - Disclosures Upon Transfer of Residential Property › Section 1102.11.

1102.11. Any person or entity, other than a real estate licensee licensed pursuant to Part 1 (commencing with Section 10000) of Division 4 of the Business and Professions Code, acting in the capacity of an escrow agent for the transfer of real property subject to this article shall not be deemed the agent of the transferor or transferee for purposes of the disclosure requirements of this article, unless the person or entity is empowered to so act by an express written agreement to that effect. The extent of such an agency shall be governed by the written agreement.
(Added by Stats. 1985, Ch. 1574, Sec. 2. Operative January 1, 1987, by Sec. 3 of Ch. 1574.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 2 - Transfer of Real Property › ARTICLE 1.5 - Disclosures Upon Transfer of Residential Property › Section 1102.12.

1102.12. (a) If more than one licensed real estate broker is acting as an agent in a transaction subject to this article, the broker who has obtained the offer made by the transferee shall, except as otherwise provided in this article, deliver the disclosure required by this article to the transferee, unless the transferor has given other written instructions for delivery.
(b) If a licensed real estate broker responsible for delivering the disclosures under this section cannot obtain the disclosure document required and does not have written assurance from the transferee that the disclosure has been received, the broker shall advise the transferee in writing of his or her rights to the disclosure. A licensed real estate broker responsible for delivering disclosures under this section shall maintain a record of the action taken to effect compliance in accordance with Section 10148 of the Business and Professions Code.
(Amended by Stats. 1986, Ch. 460, Sec. 6.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 2 - Transfer of Real Property › ARTICLE 1.5 - Disclosures Upon Transfer of Residential Property › Section 1102.13.

1102.13. No transfer subject to this article shall be invalidated solely because of the failure of any person to comply with any provision of this article. However, any person who willfully or negligently violates or fails to perform any duty prescribed by any provision of this article shall be liable in the amount of actual damages suffered by a transferee.
(Added by Stats. 1985, Ch. 1574, Sec. 2. Operative January 1, 1987, by Sec. 3 of Ch. 1574.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 2 - Transfer of Real Property › ARTICLE 1.5 - Disclosures Upon Transfer of Residential Property › Section 1102.15.

1102.15. The seller of residential real property subject to this article who has actual knowledge of any former federal or state ordnance locations within the neighborhood area shall give written notice of that knowledge as soon as practicable before transfer of title.
For purposes of this section, “former federal or state ordnance locations” means an area identified by an agency or instrumentality of the federal or state government as an area once used for military training purposes which may contain potentially explosive munitions. “Neighborhood area” means within one mile of the residential real property.
The disclosure required by this section does not limit or abridge any obligation for disclosure created by any other law or that may exist in order to avoid fraud, misrepresentation, or deceit in the transfer transaction.
(Added by Stats. 1989, Ch. 294, Sec. 1.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 2 - Transfer of Real Property › ARTICLE 1.5 - Disclosures Upon Transfer of Residential Property › Section 1102.155.

1102.155. (a) (1) The seller of single-family residential real property subject to this article shall disclose, in writing, that Section 1101.4 requires that California single-family residences be equipped with water-conserving plumbing fixtures on or after January 1, 2017, and shall disclose whether the property includes any noncompliant plumbing fixtures as defined in subdivision (c) of Section 1101.3.
(2) The seller shall affirm that this representation is that of the seller and not a representation of any agent, and that this disclosure is not intended to be part of any contract between the buyer and the seller. The seller shall further affirm that this disclosure is not a warranty of any kind by the seller or any agent representing any principal in the transaction and is not a substitute for any inspections or warranties that any principal may wish to obtain.
(b) This section shall become operative on January 1, 2017.
(Amended by Stats. 2018, Ch. 907, Sec. 18. (AB 1289) Effective January 1, 2019.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 2 - Transfer of Real Property › ARTICLE 1.5 - Disclosures Upon Transfer of Residential Property › Section 1102.16.

1102.16. The disclosure of the existence of any window security bars and any safety release mechanism on those window security bars shall be made pursuant to Section 1102.6 or 1102.6a of the Civil Code.
(Amended by Stats. 2004, Ch. 183, Sec. 26. Effective January 1, 2005.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 2 - Transfer of Real Property › ARTICLE 1.5 - Disclosures Upon Transfer of Residential Property › Section 1102.17.

1102.17. The seller of residential real property subject to this article who has actual knowledge that the property is adjacent to, or zoned to allow, an industrial use described in Section 731a of the Code of Civil Procedure, or affected by a nuisance created by such a use, shall give written notice of that knowledge as soon as practicable before transfer of title.
(Amended by Stats. 2004, Ch. 66, Sec. 2. Effective January 1, 2005.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 2 - Transfer of Real Property › ARTICLE 1.5 - Disclosures Upon Transfer of Residential Property › Section 1102.18.

1102.18. The provisions of subdivision (d) of Section 1102.1 shall apply to this article.
(Added by Stats. 2018, Ch. 907, Sec. 19. (AB 1289) Effective January 1, 2019.)