reglab/statecodes huggingface dataset:
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 7 - Mineral, Oil and Gas Brokerage › ARTICLE 1 - Scope of Regulation › Section 10509.

10509. (a) It is unlawful for a mineral, oil, and gas broker or a real estate broker to compensate, directly or indirectly, any person who is not a mineral, oil, and gas broker or a licensed real estate salesperson retained by the real estate broker for performing any acts for which a mineral, oil, and gas broker license is required.
(b) It is a misdemeanor, punishable by a fine of not exceeding one hundred dollars ($100) for each offense, for any person, whether obligor, escrow holder, or otherwise, to pay or deliver compensation to a person for performing any acts for which a mineral, oil, and gas broker license is required unless that person is known by the payer to be or has presented evidence to the payer that he or she was a licensed mineral, oil, and gas broker at the time the compensation was earned.
(Amended by Stats. 2018, Ch. 285, Sec. 52. (AB 2884) Effective January 1, 2019.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 7 - Mineral, Oil and Gas Brokerage › ARTICLE 1 - Scope of Regulation › Section 10512.

10512. Every officer, agent or employee of any company, and every other person who knowingly authorizes, directs or aids in the publication, advertisement, distribution or circularization of any false statement or representation concerning any mineral, oil or gas property, or, if the mineral, oil or gas property is owned by the state or federal government, which such person offers to assist another or others to file an application for the purchase or lease of, or to locate or enter upon, and every person who, with knowledge that any advertisement, pamphlet, prospectus or letter concerning any mineral, oil or gas property or any written statement that is false or fraudulent, issues, circulates, publishes or distributes the same, or causes the same to be issued, circulated, published or distributed, or who in any other respect willfully violates or fails, omits, or neglects to obey, observe or comply with any order, permit, decision, demand or requirement of the commissioner under the provisions of this part relating to mineral, oil and gas brokerage, is guilty of a misdemeanor, and shall be punished by imprisonment in the county jail for a term not to exceed six months, or by a fine of not to exceed one thousand dollars ($1,000), and, if a mineral, oil and gas licensee, he shall be held to trial by the commissioner for a suspension or revocation of his mineral, oil and gas license, as provided in the provisions of this part relating to hearings. It shall be the duty of the district attorney of each county in this state to prosecute all violations of the provisions of this section in respective counties in which the violations occur.
(Amended by Stats. 1983, Ch. 1092, Sec. 43. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 7 - Mineral, Oil and Gas Brokerage › ARTICLE 1 - Scope of Regulation › Section 10513.

10513. In performing acts within the scope and under the authority of this chapter, mineral, oil and gas brokers are subject to the provisions applicable to real estate brokers contained in Sections 10131.5, 10140.5, 10142, 10143.5, 10144, 10145, and 10148.
(Repealed and added by Stats. 1983, Ch. 268, Sec. 15.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 7 - Mineral, Oil and Gas Brokerage › ARTICLE 2 - Licenses › Section 10515.

10515. (a) Mineral, oil, and gas brokers in performing acts within the scope and under the authority of this chapter are subject to the provisions applicable to real estate brokers contained in Sections 10153.6, 10156.2, 10157, 10159, 10159.2, 10159.5, 10161.5, 10161.75, 10162, 10163, and 10165.
(b) Mineral, oil, and gas brokers shall not be subject to any of the provisions of Article 2 (commencing with Section 10150) or Article 2.5 (commencing with Section 10170) of Chapter 3 which impose continuing education requirements as a prerequisite to the renewal of a license.
(Amended by Stats. 1993, Ch. 416, Sec. 19. Effective January 1, 1994.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 7 - Mineral, Oil and Gas Brokerage › ARTICLE 2 - Licenses › Section 10519.

10519. (a) The commissioner may issue a restricted mineral, oil, and gas broker license to a person whose mineral, oil, and gas broker license has been revoked as the result of disciplinary action taken by the commissioner.
(b) A restricted mineral, oil, and gas broker license issued by the commissioner may be restricted by term and by the conditions to be observed by the licensee in the performance of acts for which a mineral, oil and gas broker license is required including the posting of a surety bond by the restricted licensee in such form and condition as the commissioner may require.
(Amended by Stats. 1993, Ch. 416, Sec. 21. Effective January 1, 1994.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 7 - Mineral, Oil and Gas Brokerage › ARTICLE 2 - Licenses › Section 10519.1.

10519.1. There is no property right and no right to the renewal of a restricted license issued pursuant to Section 10519.
The commissioner may suspend a restricted license pending the holding of a hearing on charges alleging a basis for disciplinary action against the restricted licensee.
(Added by Stats. 1983, Ch. 268, Sec. 29.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 7 - Mineral, Oil and Gas Brokerage › ARTICLE 4 - Disciplinary Action › Section 10560.

10560. Upon grounds provided in this article and the other articles of this chapter, the license of any mineral, oil and gas licensee may be revoked or suspended in accordance with the provisions of this part relating to hearings.
(Added by Stats. 1943, Ch. 749.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 7 - Mineral, Oil and Gas Brokerage › ARTICLE 4 - Disciplinary Action › Section 10561.

10561. The commissioner may, upon his or her own motion, and shall, upon the verified complaint in writing of any person, investigate the actions of any person engaged in the business or acting in the capacity of a mineral, oil, and gas licensee, within this state, and he or she may temporarily suspend or permanently revoke a mineral, oil, and gas license at any time if the licensee, while a mineral, oil, and gas licensee, in performing or attempting to perform any of the acts within the scope of this chapter, has been guilty of any of the following:
(a) Making any substantial misrepresentation.
(b) Making any false promises of a character likely to influence, persuade, or induce.
(c) Acting for more than one party in a transaction without the knowledge or consent of all parties thereto.
(d) Commingling with his or her own money or property the money or property of others that is received and held by him or her.
(e) Claiming or demanding a fee, compensation, or commission under any exclusive agreement authorizing or employing a licensee to sell, buy, or exchange mineral, oil, or gas property for compensation, or commission where that agreement does not contain a definite, specified date of final and complete termination.
(f) Claiming or taking by a licensee of any secret or undisclosed amount of compensation, commission, or profit, or the failure of a licensee to reveal to the employer of such licensee the full amount of the licensee’s compensation, commission, or profit under any agreement authorizing or employing the licensee to do any acts for which a license is required under this chapter for compensation or commission prior to or coincident with the signing of an agreement evidencing the meeting of the minds of the contracting parties, regardless of the form of such agreement, whether evidenced by documents in an escrow or by any other or different procedure.
(g) The use by a licensee of any provision allowing the licensee an option to purchase in an agreement authorizing or employing the licensee to sell, buy, or exchange mineral, oil, or gas property for compensation or commission, except when the licensee prior to or coincident with election to exercise the option to purchase reveals in writing to the employer the full amount of the licensee’s profit and obtains the written consent of the employer approving the amount of that profit.
(h) Any other conduct, whether of the same or a different character than specified in this section, which constitutes fraud or dishonest dealing.
(Amended by Stats. 2018, Ch. 285, Sec. 53. (AB 2884) Effective January 1, 2019.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 7 - Mineral, Oil and Gas Brokerage › ARTICLE 4 - Disciplinary Action › Section 10562.

10562. The commissioner may suspend or revoke the license of a mineral, oil, and gas licensee who has done any of the following:
(a) Entered a plea of guilty or nolo contendere to, or been found guilty of, or been convicted of, a felony, or a crime substantially related to the qualifications, functions, or duties of a mineral, oil, and gas licensee, and the time for appeal has elapsed or the judgment of conviction has been affirmed on appeal, irrespective of an order granting probation following that conviction, suspending the imposition of sentence, or of a subsequent order under the provision of Section 1203.4 of the Penal Code allowing the licensee to withdraw his or her plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation or information.
(b) Knowingly authorized, directed, connived at or aided in the publication, advertisement, distribution, or circulation of a material false statement or representation concerning his or her business or a mineral, oil, or gas property offered for sale.
(c) Willfully disregarded or violated any of the provisions of the Real Estate Law (commencing with Section 10000) or of Chapter 1 (commencing with Section 11000) of Part 2 or of the rules and regulations of the commissioner for the administration and enforcement of the Real Estate Law and Chapter 1 (commencing with Section 11000) of Part 2.
(d) Acted or conducted himself or herself in a manner which would have warranted the denial of his or her application for a mineral, oil, and gas license.
(e) Willfully used the term “realtor” or a trade name or insigne of membership in a real estate organization of which the licensee is not a member.
(f) Demonstrated negligence or incompetence in performing an act for which he or she is required to hold a license.
(g) Has used his or her employment by a governmental agency in a capacity giving access to records, other than public records, in a manner that violates the confidential nature of the records.
(h) Any other conduct, whether of the same or a different character than specified in this section, which constitutes fraud or dishonest dealing.
(Amended by Stats. 2007, Ch. 140, Sec. 2. Effective January 1, 2008.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 7 - Mineral, Oil and Gas Brokerage › ARTICLE 4 - Disciplinary Action › Section 10562.5.

10562.5. When a final judgment is obtained in a civil action against any mineral, oil and gas licensee upon grounds of fraud, misrepresentation, or deceit with reference to any transaction for which a license is required under this division, the commissioner may, after hearing in accordance with the provisions of this part relating to hearings, suspend or revoke the license of such mineral, oil and gas licensee.
(Amended by Stats. 1953, Ch. 760.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 7 - Mineral, Oil and Gas Brokerage › ARTICLE 4 - Disciplinary Action › Section 10564.

10564. The commissioner may suspend or revoke the mineral, oil, and gas license of a corporation as to any officer or agent acting under its mineral, oil, and gas license, without revoking the mineral, oil, and gas license of the corporation.
(Amended by Stats. 1993, Ch. 416, Sec. 23. Effective January 1, 1994.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 7 - Mineral, Oil and Gas Brokerage › ARTICLE 5 - Fees › Section 10580.

10580. Mineral, oil, and gas brokers are subject to the provisions applicable to real estate brokers contained in Sections 10200, 10207, 10209.5, 10210, 10211, and 10222.
(Amended by Stats. 1993, Ch. 416, Sec. 25. Effective January 1, 1994.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 2 - REGULATION OF TRANSACTIONS › CHAPTER 1 - Subdivided Lands › ARTICLE 1 - General Provisions › Section 11000.

11000. (a) “Subdivided lands” and “subdivision” refer to improved or unimproved land or lands, wherever situated within California, divided or proposed to be divided for the purpose of sale or lease or financing, whether immediate or future, into five or more lots or parcels. However, land or lands sold by lots or parcels of not less than 160 acres which are designated by lot or parcel description by government surveys and appear as such on the current assessment roll of the county in which the land or lands are situated shall not be deemed to be “subdivided lands” or “a subdivision” within the meaning of this section, unless the land or lands are divided or proposed to be divided for the purpose of sale for oil and gas purposes, in which case the land or lands shall be deemed to be “subdivided lands” or “a subdivision” within the meaning of this section. This chapter also does not apply to the leasing of apartments, offices, stores, or similar space within an apartment building, industrial building, commercial building, or mobilehome park, as defined under Section 18214 of the Health and Safety Code, except that the offering of leases for a term in excess of five years to tenants within a mobilehome park as a mandatory requirement and prerequisite to tenancy within the mobilehome park shall be subject to the provisions of this chapter. The leasing of apartments in a community apartment project, as defined in Section 11004 in an apartment or similar space within a commercial building or complex, shall be subject to the provisions of this chapter.
(b) Nothing in this section shall in any way modify or affect any of the provisions of Section 66424 of the Government Code.
(c) Subdivisions, as defined in Section 10249.1, which are located entirely outside California shall be exempt from the provisions of this part.
(Amended by Stats. 2004, Ch. 697, Sec. 2. Effective January 1, 2005.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 2 - REGULATION OF TRANSACTIONS › CHAPTER 1 - Subdivided Lands › ARTICLE 1 - General Provisions › Section 11000.1.

11000.1. (a) “Subdivided lands” and “subdivision,” as defined by Sections 11000 and 11004.5, also include improved or unimproved land or lands, a lot or lots, or a parcel or parcels, of any size, in which, for the purpose of sale or lease or financing, whether immediate or future, five or more undivided interests are created or are proposed to be created.
(b) This section does not apply to the creation or proposed creation of undivided interests in land if any one of the following conditions exists:
(1) The undivided interests are held or to be held by persons related one to the other by blood or marriage.
(2) The undivided interests are to be purchased and owned solely by persons who present evidence satisfactory to the Real Estate Commissioner that they are knowledgeable and experienced investors who comprehend the nature and extent of the risks involved in the ownership of these interests. The Real Estate Commissioner shall grant an exemption from this part if the undivided interests are to be purchased by no more than 10 persons, each of whom furnishes a signed statement to the commissioner that the person (A) is fully informed concerning the real property to be acquired and the person’s interest in that property including the risks involved in ownership of undivided interests, (B) is purchasing the interest or interests for the person’s own account and with no present intention to resell or otherwise dispose of the interest for value, and (C) expressly waives protections afforded to a purchaser by this part.
(3) The undivided interests are created as the result of a foreclosure sale.
(4) The undivided interests are created by a valid order or decree of a court.
(5) The offering and sale of the undivided interests have been expressly qualified by the issuance of a permit from the Commissioner of Financial Protection and Innovation pursuant to the Corporate Securities Law of 1968 (Division 1 (commencing with Section 25000) of Title 4 of the Corporations Code).
(Amended by Stats. 2022, Ch. 452, Sec. 11. (SB 1498) Effective January 1, 2023.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 2 - REGULATION OF TRANSACTIONS › CHAPTER 1 - Subdivided Lands › ARTICLE 1 - General Provisions › Section 11000.2.

11000.2. (a) A person who has made an offer to purchase an interest in an undivided-interest subdivision specified in subdivision (a) of, and not exempted by subdivision (b) of, Section 11000.1 shall have the right to rescind any contract resulting from the acceptance of that offer until midnight of the third calendar day following the day on which the prospective purchaser executed the offer to purchase.
(b) The owner of a subdivision subject to this section or his or her agent shall, in accordance with regulations adopted by the Real Estate Commissioner, clearly and conspicuously disclose to all prospective purchasers of undivided interests the right of rescission provided for in subdivision (a), and shall furnish to each offeror a form, as prescribed by regulations of the commissioner, for the exercise of the right of rescission.
(c) Any certificate bearing the signature of the purchaser of an interest in an undivided-interest subdivision subject to this section which contains an adequate description of the interest or interests sold and a statement by the purchaser that he or she has not exercised the right of rescission within the time limit set forth in subdivision (a) shall constitute conclusive evidence that the right of rescission has not been exercised in any matter involving the rights of a third party who has acted in good faith in reliance upon representations in the certificate.
(Added by Stats. 1988, Ch. 434, Sec. 2.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 2 - REGULATION OF TRANSACTIONS › CHAPTER 1 - Subdivided Lands › ARTICLE 1 - General Provisions › Section 11001.

11001. The Real Estate Commissioner (hereafter referred to in this chapter as the commissioner) may adopt, amend, or repeal such rules and regulations as are reasonably necessary for the enforcement of this chapter. He may issue any order, permit, decision, demand or requirement to effect this purpose. Such rules, regulations, and orders shall be adopted pursuant to the provisions of the Administrative Procedure Act.
(Amended by Stats. 1957, Ch. 1750.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 2 - REGULATION OF TRANSACTIONS › CHAPTER 1 - Subdivided Lands › ARTICLE 1 - General Provisions › Section 11003.

11003. “Planned development” has the same meaning as specified in Section 4175 or 6562 of the Civil Code.
(Amended (as amended by Stats. 2012, Ch. 181, Sec. 4) by Stats. 2013, Ch. 605, Sec. 2. (SB 752) Effective January 1, 2014.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 2 - REGULATION OF TRANSACTIONS › CHAPTER 1 - Subdivided Lands › ARTICLE 1 - General Provisions › Section 11003.2.

11003.2. “Stock cooperative” has the same meaning as specified in Section 4190 or 6566 of the Civil Code, except that, as used in this chapter, a “stock cooperative” does not include a limited-equity housing cooperative.
(Amended (as amended by Stats. 2012, Ch. 181, Sec. 5) by Stats. 2013, Ch. 605, Sec. 3. (SB 752) Effective January 1, 2014.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 2 - REGULATION OF TRANSACTIONS › CHAPTER 1 - Subdivided Lands › ARTICLE 1 - General Provisions › Section 11004.

11004. “Community apartment project” has the same meaning as specified in Section 4105 of the Civil Code.
(Amended by Stats. 2012, Ch. 181, Sec. 6. (AB 806) Effective January 1, 2013. Operative January 1, 2014, by Sec. 86 of Ch. 181.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 2 - REGULATION OF TRANSACTIONS › CHAPTER 1 - Subdivided Lands › ARTICLE 1 - General Provisions › Section 11004.5.

11004.5. In addition to the provisions of Section 11000, the reference in this code to “subdivided lands” and “subdivision” shall include all of the following:
(a) Any planned development, as defined in Section 11003, containing five or more lots.
(b) Any community apartment project, as defined by Section 11004, containing five or more apartments.
(c) Any condominium project containing five or more condominiums, as defined in Section 783 of the Civil Code.
(d) Any stock cooperative as defined in Section 11003.2, including any legal or beneficial interests therein, having or intended to have five or more shareholders.
(e) Any limited-equity housing cooperative, as defined in Section 11003.4.
(f) In addition, the following interests shall be subject to this chapter and the regulations of the commissioner adopted pursuant thereto:
(1) Any accompanying memberships or other rights or privileges created in, or in connection with, any of the forms of development referred to in subdivision (a), (b), (c), (d), or (e) by any deeds, conveyances, leases, subleases, assignments, declarations of restrictions, articles of incorporation, bylaws, or contracts applicable thereto.
(2) Any interests or memberships in any owners’ association as defined in Section 4080 or 6528 of the Civil Code, created in connection with any of the forms of the development referred to in subdivision (a), (b), (c), (d), or (e).
(g) Notwithstanding this section, time-share plans, exchange programs, incidental benefits, and short-term product subject to Chapter 2 (commencing with Section 11210) are not “subdivisions” or “subdivided lands” subject to this chapter.
(Amended (as amended by Stats. 2012, Ch. 181, Sec. 7) by Stats. 2013, Ch. 605, Sec. 4. (SB 752) Effective January 1, 2014.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 2 - REGULATION OF TRANSACTIONS › CHAPTER 1 - Subdivided Lands › ARTICLE 1 - General Provisions › Section 11007.

11007. Every nonresident subdivider shall file with the questionnaire an irrevocable consent that if, in any action commenced against him in this State, personal service of process upon him cannot be made in this State after the exercise of due diligence, a valid service may thereupon be made upon him by delivering the process to the Secretary of State.
Insofar as possible, the provisions of Section 1018 of the Code of Civil Procedure relating to the service of process on the Secretary of State are applicable to this section.
(Added by Stats. 1963, Ch. 927.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 2 - REGULATION OF TRANSACTIONS › CHAPTER 1 - Subdivided Lands › ARTICLE 1 - General Provisions › Section 11008.

11008. No provision of this part which makes a violation of this part a crime shall be construed to preclude application of any other criminal provision of the law of this state to an act or omission which constitutes a violation of this part.
(Added by Stats. 1985, Ch. 57, Sec. 2.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 2 - REGULATION OF TRANSACTIONS › CHAPTER 1 - Subdivided Lands › ARTICLE 2 - Investigation, Regulation and Report › Section 11010.05.

11010.05. (a) A person who proposes to create a senior citizen housing development, as defined in Section 51.3 or 51.11 of the Civil Code, or an intergenerational housing development, as defined in Section 51.3.5 of the Civil Code, shall include in the application for a public report a complete statement of the restrictions on occupancy that are to be applicable in the development. Any public report issued for a senior housing development or an intergenerational housing development shall also include a complete statement of the restrictions on occupancy to be applicable in the development.
(b) This section shall become operative on July 1, 2001, and shall apply to all applications for a public report for a senior housing development submitted to the department on or after July 1, 2001.
(c)  This section shall be operative for, and shall apply to all applications for a public report submitted to the department for, intergenerational housing developments on and after January 1, 2022.
(Amended by Stats. 2021, Ch. 364, Sec. 2. (SB 591) Effective January 1, 2022.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 2 - REGULATION OF TRANSACTIONS › CHAPTER 1 - Subdivided Lands › ARTICLE 2 - Investigation, Regulation and Report › Section 11010.1.

11010.1. Prior to the issuance of promissory notes secured by individual lots in an unrecorded subdivision, the owner, his agent or subdivider shall notify the commissioner in writing of his intention to issue such notes.
The notice of intention shall contain the following information:
(a) The name and address of the owner.
(b) The name and address of the subdivider.
(c) The legal description and area of lands.
(d) A true statement of the condition of the title to the land, particularly including all encumbrances thereon.
(e) A true statement of the terms and conditions on which it is intended to issue the promissory notes.
(f) A true statement of the provisions, if any, that have been made for public utilities in the proposed subdivision, including water, electricity, gas and telephone facilities.
(g) Such other information as the owner, his agent or subdivider, may desire to present.
(Added by Stats. 1961, Ch. 886.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 2 - REGULATION OF TRANSACTIONS › CHAPTER 1 - Subdivided Lands › ARTICLE 2 - Investigation, Regulation and Report › Section 11010.3.

11010.3. (a) (1) This chapter shall not apply to the proposed sale or lease of those lots or other interests in a subdivision that are limited to industrial or commercial uses by law or by a declaration of covenants, conditions, and restrictions that has been recorded in the official records of the county or counties in which the subdivision is located.
(2) Paragraph (1) shall not affect any determination whether there are five or more lots, parcels, or other interests for the purposes of Section 11000, 11001, or 11004.5.
(b) For the purposes of this section, “commercial use” includes, but is not limited to, the operation of a business that provides facilities for the overnight stay of its customers, employees, or agents and the operation of an apartment complex that is not a community apartment project, as defined in Section 11004.
(Amended by Stats. 2021, Ch. 224, Sec. 2. (SB 813) Effective January 1, 2022.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 2 - REGULATION OF TRANSACTIONS › CHAPTER 1 - Subdivided Lands › ARTICLE 2 - Investigation, Regulation and Report › Section 11010.35.

11010.35. (a) The provisions of this chapter shall not apply to the proposed sale or lease of five or more lots, parcels, or other interests in a subdivision or the sale of one or more lots or parcels in a subdivision where the lot or lots or parcel or parcels are intended to be further subdivided into five or more lots, parcels, or other subdivision interests as defined in Sections 11000, 11000.1, and 11004.5, to any person who acquires the lots, parcels, or other subdivision interests for the purpose of engaging in the business of constructing residential, commercial, or industrial buildings, or for the purpose of resale or lease of the lots, parcels, or other subdivision interests to persons engaged in this business, provided that the purchase or lease agreement or a separate disclosure document includes a statement or provision that the purchaser or lessee is required to comply with the applicable provisions of this chapter prior to offering for sale or lease any lot, parcel, or other subdivision interest acquired pursuant to the exemption granted by this subdivision.
(b) The exemption provided by subdivision (a) does not apply to a proposed sale or lease of lots, parcels, or other subdivision interests that is done for the purpose of evading any other provision of this chapter.
(c) The provisions of subdivision (a) are intended to clarify the application of this chapter to the commercial sale or lease of residential subdivision interests and should not be interpreted to impose requirements on transactions entered into prior to the date on which this section became operative.
(Added by Stats. 2000, Ch. 279, Sec. 4. Effective January 1, 2001.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 2 - REGULATION OF TRANSACTIONS › CHAPTER 1 - Subdivided Lands › ARTICLE 2 - Investigation, Regulation and Report › Section 11010.4.

11010.4. The notice of intention specified in Section 11010 is not required for a proposed offering of subdivided land that satisfies all of the following criteria:
(a) The owner, subdivider, or agent has complied with Sections 11013.1, 11013.2, and 11013.4, if applicable.
(b) The subdivided land is not a subdivision as defined in Section 11000.1 or 11004.5.
(c) Each lot, parcel or unit of the subdivision is located entirely within the boundaries of a city.
(d) Each lot, parcel, or unit of the subdivision will be sold or offered for sale improved with a completed residential structure and with all other improvements completed that are necessary to occupancy or with financial arrangements determined to be adequate by the city to ensure completion of the improvements. A lot, parcel, or unit shall satisfy the requirement that it be improved with a completed residential structure if it is improved with a completed residential structure at the time it is conveyed by the subdivider.
(Amended by Stats. 2013, Ch. 210, Sec. 1.5. (SB 184) Effective January 1, 2014.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 2 - REGULATION OF TRANSACTIONS › CHAPTER 1 - Subdivided Lands › ARTICLE 2 - Investigation, Regulation and Report › Section 11010.5.

11010.5. The filing of a second notice of intention to sell and a second report of the commissioner under this article shall not be required when all the following conditions have been met: (a) where there has been a previous subdivision report and the lots are subsequently acquired through any foreclosure action, or by a deed in lieu of foreclosure, by a bank, life insurance company, industrial loan company, credit union, or savings and loan association licensed or operating under the provisions of a state or federal law if the acquired lots, either improved or unimproved, will be sold in conformance with the previously issued subdivision public report; (b) the original public report is given to the first purchasers of the lots in the foreclosed subdivision; and (c) the commissioner is notified of the change of ownership within 30 days of the acquisition of the title to such property.
(Amended by Stats. 1992, Ch. 864, Sec. 1. Effective January 1, 1993.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 2 - REGULATION OF TRANSACTIONS › CHAPTER 1 - Subdivided Lands › ARTICLE 2 - Investigation, Regulation and Report › Section 11010.6.

11010.6. The provisions of this chapter shall not be applicable to subdivided land which is offered or proposed to be offered for sale, lease, or financing by a state agency, including the University of California, a local agency, or other public agency.
(Amended by Stats. 1982, Ch. 148, Sec. 2. Effective April 5, 1982.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 2 - REGULATION OF TRANSACTIONS › CHAPTER 1 - Subdivided Lands › ARTICLE 2 - Investigation, Regulation and Report › Section 11010.7.

11010.7. The notice of intention specified in Section 11010 shall not apply to nonbinding expressions of intent to purchase or lease which an owner, agent, or subdivider is required to obtain from the tenants of units which are proposed to be converted to a condominium, community apartment project, or stock cooperative project, by ordinance, or as a condition to the approval of a tentative or parcel map pursuant to Division 2 (commencing with Section 66410) of Title 7 of the Government Code.
(Added by Stats. 1981, Ch. 519, Sec. 1.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 2 - REGULATION OF TRANSACTIONS › CHAPTER 1 - Subdivided Lands › ARTICLE 2 - Investigation, Regulation and Report › Section 11010.9.

11010.9. (a) Notwithstanding any other provision of law, the subdivider of a mobilehome park or floating home marina that is proposed to be converted to resident ownership, prior to filing a notice of intention pursuant to Section 11010, shall disclose to homeowners and residents of the park or marina, by written notice, the tentative price of the subdivided interest proposed to be sold or leased.
(b) The disclosure notice required by subdivision (a) shall include a statement that the tentative price is not binding, could change between the time of disclosure and the time of governmental approval to commence the actual sale or lease of the subdivided interests in the park or marina, as the result of conditions imposed by the state or local government for approval of the park or marina conversion, increased financing costs, or other factors and, in the absence of bad faith, shall not give rise to a claim for liability against the provider of this information.
(c) The disclosure notice required by subdivision (a) shall not be construed to authorize the subdivider of a mobilehome park or floating home marina that is proposed to be converted to resident ownership to offer to sell or lease, sell or lease, or accept money for the sale or lease of, subdivided interests in the park or marina, or to engage in any other activities that are otherwise prohibited, with regard to subdividing the park or marina into ownership interests, prior to the issuance of a public report pursuant to this chapter.
(Amended by Stats. 2013, Ch. 432, Sec. 2. (AB 253) Effective January 1, 2014.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 2 - REGULATION OF TRANSACTIONS › CHAPTER 1 - Subdivided Lands › ARTICLE 2 - Investigation, Regulation and Report › Section 11010.10.

11010.10. A person who plans to offer for sale or lease lots or other interests in a subdivision which sale or lease (a) is not subject to the provisions of this chapter, (b) does not require the submission of a notice of intention as provided in Section 11010, or (c) is subject to this chapter and for which the local jurisdiction requires review and approval of the declaration, as defined in Section 4135 of the Civil Code, prior to or concurrently with the recordation of the subdivision map and prior to the approval of the declaration pursuant to a notice of intention for a public report, may submit an application requesting review of the declaration, along with any required supporting documentation, to the commissioner, without the filing of a notice of intention for the subdivision for which the declaration is being prepared. Upon approval, the commissioner shall give notice to the applicant that the declaration shall be approved for a subsequent notice of intent filing for any public report for the subdivision identified in the application, provided that the subdivision setup is substantially the same as that originally described in the application for review of the declaration.
(Amended by Stats. 2012, Ch. 181, Sec. 8. (AB 806) Effective January 1, 2013. Operative January 1, 2014, by Sec. 86 of Ch. 181.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 2 - REGULATION OF TRANSACTIONS › CHAPTER 1 - Subdivided Lands › ARTICLE 2 - Investigation, Regulation and Report › Section 11010.11.

11010.11. Notwithstanding any provision in the purchase contract to the contrary, if the subdivision is to be used for residential purposes, the subdivision public report shall disclose that a prospective buyer has the right to negotiate with the seller to permit inspections of the property by the buyer, or the buyer’s designee, under terms mutually agreeable to the prospective buyer and seller.
(Added by Stats. 2001, Ch. 307, Sec. 1. Effective January 1, 2002.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 2 - REGULATION OF TRANSACTIONS › CHAPTER 1 - Subdivided Lands › ARTICLE 2 - Investigation, Regulation and Report › Section 11012.

11012. It is unlawful for the owner, their agent, or subdivider, of the project, after it is submitted to the Department of Real Estate, to materially change the setup of that offering without first notifying the department in writing of the intended change. This section only applies to those changes of which the owner, their agent, or subdivider has knowledge or constructive knowledge.
(Amended by Stats. 2021, Ch. 431, Sec. 33. (SB 800) Effective January 1, 2022.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 2 - REGULATION OF TRANSACTIONS › CHAPTER 1 - Subdivided Lands › ARTICLE 2 - Investigation, Regulation and Report › Section 11013.

11013. For the purposes of this part, a blanket encumbrance shall be considered to mean a trust deed or mortgage or any other lien or encumbrance, mechanics’ lien or otherwise, securing or evidencing the payment of money and affecting land to be subdivided or affecting more than one lot or parcel of subdivided land, or an agreement affecting more than one such lot or parcel by which the owner or subdivider holds said subdivision under an option, contract to sell, or trust agreement.
(Amended by Stats. 1955, Ch. 1863.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 2 - REGULATION OF TRANSACTIONS › CHAPTER 1 - Subdivided Lands › ARTICLE 2 - Investigation, Regulation and Report › Section 11013.1.

11013.1. It shall be unlawful, except as provided in Section 11013.2 or 11013.6, for the owner, subdivider, or agent to sell or lease lots or parcels within a subdivision that is subject to a blanket encumbrance unless there exists in the blanket encumbrance or other supplementary agreement a provision, hereinafter referred to as a release clause, which by its terms shall unconditionally provide that the purchaser or lessee of a lot or parcel can obtain legal title or other interest contracted for, free and clear of the blanket encumbrance, upon compliance with the terms and conditions of the purchase or lease.
(Amended by Stats. 2014, Ch. 661, Sec. 2. (AB 569) Effective January 1, 2015.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 2 - REGULATION OF TRANSACTIONS › CHAPTER 1 - Subdivided Lands › ARTICLE 2 - Investigation, Regulation and Report › Section 11013.2.

11013.2. Should there not exist in the blanket encumbrance or supplementary agreement a release clause as set forth in Section 11013.1, then it shall be unlawful for the owner, subdivider, or agent to sell or lease lots or parcels within such subdivision unless one of the following conditions is complied with:
(a) The entire sum of money paid or advanced by the purchaser or lessee of any such lot or parcel, or such portion thereof as the commissioner shall determine is sufficient to protect the interest of the purchaser or lessee, shall be deposited into an escrow depository acceptable to the commissioner until either (1) a proper release is obtained from such blanket encumbrance; or (2) either the owner, subdivider, or agent or the purchaser or lessee may default under their contract of sale or lease and there is a determination as to the disposition of such moneys; or (3) the owner, subdivider, or agent orders the return of such moneys to such purchaser or lessee.
(b) The title to the subdivision is to be held in trust under an agreement of trust acceptable to the commissioner until a proper release from such blanket encumbrance is obtained.
(c) A bond to the State of California is furnished to the commissioner for the benefit and protection of purchasers or lessees of such lots or parcels, in such amount and subject to such terms as may be approved by the commissioner, which shall provide for the return of the moneys paid or advanced by any purchaser or lessee, for or on account of the purchase or lease of any such lot or parcel if a proper release from such blanket encumbrance is not obtained; provided, however, that if it should be determined that such purchaser or lessee, by reason of default or otherwise, is not entitled to the return of such moneys, or any portion thereof, then such bond shall be exonerated to the extent of the amount of such moneys to which such purchaser or lessee is not entitled.
(d) There is conformance to such other alternative requirement or method which the commissioner may deem acceptable to carry into effect the intent and provisions of this part.
(Amended by Stats. 1980, Ch. 1335, Sec. 3.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 2 - REGULATION OF TRANSACTIONS › CHAPTER 1 - Subdivided Lands › ARTICLE 2 - Investigation, Regulation and Report › Section 11013.3.

11013.3. Taxes and assessments levied by public authority shall not be considered a blanket encumbrance within the meaning of Section 11013.
(Added by Stats. 1955, Ch. 1863.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 2 - REGULATION OF TRANSACTIONS › CHAPTER 1 - Subdivided Lands › ARTICLE 2 - Investigation, Regulation and Report › Section 11013.5.

11013.5. The public report of the commissioner, when issued, shall indicate the method or procedure selected by the owner or subdivider to comply with the provisions of Sections 11013.1, 11013.2 or 11013.4.
(Added by Stats. 1955, Ch. 1863.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 2 - REGULATION OF TRANSACTIONS › CHAPTER 1 - Subdivided Lands › ARTICLE 2 - Investigation, Regulation and Report › Section 11013.6.

11013.6. Notwithstanding Sections 11013.1 and 11013.2, an individual interest in a stock cooperative, as defined in Section 4190 of the Civil Code, or a limited-equity housing cooperative, as defined in Section 817 of the Civil Code, may be sold or leased subject to a blanket encumbrance if all of the following conditions are met:
(a) The notice required pursuant to Section 1133 of the Civil Code is provided to each prospective purchaser and lessee of the interest and is included in every purchase and lease contract.
(b) The property subject to the sale or lease has obtained a public report from the Department of Real Estate that accounts for the blanket encumbrance.
(c) The governing documents for the association require the association to create and maintain during the term of the blanket encumbrance all of the following:
(1) Prior to the sale of any individual interests in the stock cooperative or limited-equity housing cooperative, a financing reserve amount equal to at least two months of the amount of the debt service payments due on the blanket encumbrance.
(2) Within one year of the sale of at least 25 percent of the individual interests in the stock cooperative or limited-equity housing cooperative, a financing reserve amount equal to at least three months of the amount of the debt service payments due on the blanket encumbrance.
(3) Within one year of the sale of at least 50 percent of the individual interests in the stock cooperative or limited-equity housing cooperative, a financing reserve amount equal to at least five months of the amount of the debt service payments due on the blanket encumbrance.
(4) Within one year of the sale of at least 75 percent of the individual interests in the stock cooperative or limited-equity housing cooperative, a financing reserve amount equal to at least eight months of the amount of the debt service payments due on the blanket encumbrance.
(Amended by Stats. 2021, Ch. 431, Sec. 34. (SB 800) Effective January 1, 2022.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 2 - REGULATION OF TRANSACTIONS › CHAPTER 1 - Subdivided Lands › ARTICLE 2 - Investigation, Regulation and Report › Section 11014.

11014. The commissioner may investigate any subdivision being offered for sale or lease in this State. For the purposes of such investigations the commissioner may use and rely upon any relevant information or data concerning a subdivision obtained by him from the Federal Housing Administration, the United States Veterans Administration or any other federal agency having comparable duties and functions in relation to subdivisions or property therein.
(Amended by Stats. 1957, Ch. 1782.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 2 - REGULATION OF TRANSACTIONS › CHAPTER 1 - Subdivided Lands › ARTICLE 2 - Investigation, Regulation and Report › Section 11018.

11018. The Real Estate Commissioner shall make an examination of any subdivision, and shall, unless there are grounds for denial, issue to the subdivider a public report authorizing the sale or lease in this state of the lots or parcels within the subdivision. The report shall contain the data obtained in accordance with Section 11010 and which the commissioner determines are necessary to implement the purposes of this article. The commissioner may publish the report.
The grounds for denial are:
(a) Failure to comply with any of the provisions in this chapter or the regulations of the commissioner pertaining thereto.
(b) The sale or lease would constitute misrepresentation to or deceit or fraud of the purchasers or lessees.
(c) Inability to deliver title or other interest contracted for.
(d) Inability to demonstrate that adequate financial arrangements have been made for all offsite improvements included in the offering.
(e) Inability to demonstrate that adequate financial arrangements have been made for any community, recreational or other facilities included in the offering.
(f) Failure to make a showing that the parcels can be used for the purpose for which they are offered; and in the case of a subdivision being offered for residential purposes failure to make a showing that vehicular access and a source of potable domestic water either is available or will be available.
(g) Failure to provide in the contract or other writing the use or uses for which the parcels are offered, together with any covenants or conditions relative thereto.
(h) Agreements or bylaws to provide for management or other services pertaining to common facilities in the offering, which fail to comply with the regulations of the commissioner.
(i) Failure to demonstrate that adequate financial arrangements have been made for any guaranty or warranty included in the offering.
(Amended by Stats. 1971, Ch. 1686.)