Amended IN Assembly April 29, 2019 Amended IN Assembly April 22, 2019 Amended IN Assembly March 21, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 892Introduced by Assembly Member HoldenFebruary 20, 2019 An act to amend Sections 1101.4, 1102, 1102.2, 1102.3, 1102.155, 2079.13, and 2079.14 of the Civil Code, relating to real property. LEGISLATIVE COUNSEL'S DIGESTAB 892, as amended, Holden. Transfers of real property: disclosures.The Real Estate Law establishes, within the Business, Consumer Services, and Housing Agency, the Department of Real Estate for the licensure and regulation of real estate brokers and salespersons. Existing law imposes certain duties on real estate professionals to prospective sellers and buyers of real property. Under existing law, a sellers agent and a buyers agent are required to provide the seller and buyer in a real property transaction with a copy of a specific disclosure form regarding the nature of the real estate agency relationship. Existing law further requires the sellers agent or the buyers agent to obtain a signed acknowledgment of receipt from that seller or buyer. Under existing law, if the seller or buyer refuses to sign an acknowledgment of receipt, the agent is required to set forth, sign, and date a written declaration of the facts of the refusal.This bill would revise and recast the above provision regarding the disclosure form. The bill would also make related technical and clarifying changes to these and other real estate disclosure provisions. The bill would define single-family residential property and single-family residential real property for specified provisions.Existing law requires the property owner of a specified single-family residential real property built and available for use on or before January 1, 1994, to replace noncompliant plumbing fixtures in the real property with water-conserving plumbing fixtures. Existing law also requires the seller or transferor of such a property to disclose in writing to the prospective purchaser or transferee the above-described requirement to replace noncompliant plumbing fixtures with water-conserving plumbing fixtures and whether the real property includes any noncompliant plumbing fixtures.This bill would revise the disclosure requirement described above to require the seller to disclose whether that seller is aware that the property includes any noncompliant plumbing fixtures, and, additionally, to disclose any plumbing fixtures that were installed while the seller owned the property and whether those fixtures are water-conserving plumbing fixtures. The bill would make nonsubstantive and related changes.Existing law requires the seller of a specified single-family residential real property to disclose, in writing, that the above-described provision requires that California single-family residences be equipped with water-conserving plumbing fixtures, and requires the seller to disclose whether the property includes any noncompliant plumbing fixtures, as defined. Existing law, for purposes of these and other provisions related to disclosures applicable to the transfer of residential real property, specifies, by reference, that certain definitions contained in the Real Estate Law apply.This bill would revise the disclosure requirement to require the seller to disclose whether that seller is aware that the property includes any noncompliant plumbing fixtures, and, additionally, to disclose any plumbing fixtures that were installed while the seller owned the property and whether those fixtures are water-conserving plumbing fixtures. The bill would specify, by reference, that the definitions contained in the provisions relating to the installation of water use efficiency improvements apply to these disclosure provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1101.4 of the Civil Code is amended to read:1101.4. (a) On and after January 1, 2014, for 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 Noncompliant plumbing fixtures in any single-family residential real property shall be replaced by the property owner with water-conserving plumbing fixtures.(c) On and after January 1, 2017, a 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. shall disclose (1) any plumbing fixtures that were installed while the seller or transferor owned the property and whether those fixtures are water-conserving plumbing fixtures, and (2) whether that seller or transferor is aware that the property includes any noncompliant plumbing fixtures.SEC. 2. Section 1102 of the Civil Code is amended to read: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.SECTION 1.SEC. 3. Section 1102.2 of the Civil Code is amended to read:1102.2. This article does not apply to the following:(a) Sales or transfers that are required to be preceded by the furnishing to a prospective buyer of a copy of a public report pursuant to Section 11018.1 of the Business and Professions Code and transfers that can be made without a public report pursuant to Section 11010.4 of the Business and Professions Code.(b) Sales or transfers pursuant to court order, including, but not limited to, sales ordered by a probate court in the administration of an estate, sales pursuant to a writ of execution, sales by any foreclosure sale, transfers by a trustee in bankruptcy, sales by eminent domain, and sales resulting from a decree for specific performance.(c) Sales or transfers to a mortgagee by a mortgagor or successor in interest who is in default, sales to a beneficiary of a deed of trust by a trustor or successor in interest who is in default, any foreclosure sale after default, any foreclosure sale after default in an obligation secured by a mortgage, a sale under a power of sale or any foreclosure sale under a decree of foreclosure after default in an obligation secured by a deed of trust or secured by any other instrument containing a power of sale, sales by a mortgagee or a beneficiary under a deed of trust who has acquired the real property at a sale conducted pursuant to a power of sale under a mortgage or deed of trust or a sale pursuant to a decree of foreclosure or has acquired the real property by a deed in lieu of foreclosure, sales to the legal owner or lienholder of a manufactured home or mobilehome by a registered owner or successor in interest who is in default, or sales by reason of any foreclosure of a security interest in a manufactured home or mobilehome.(d) Sales or transfers by a fiduciary in the course of the administration of a trust, guardianship, conservatorship, or decedents estate. This exemption shall not apply to a sale if the trustee is a natural person who is a trustee of a revocable trust and is a former owner of the property or was an occupant in possession of the property within the preceding year.(e) Sales or transfers from one coowner to one or more other coowners.(f) Sales or transfers made to a spouse, or to a person or persons in the lineal line of consanguinity of one or more of the transferors.(g) Sales or transfers between spouses resulting from a judgment of dissolution of marriage or of legal separation or from a property settlement agreement incidental to that judgment.(h) Sales or transfers by the Controller in the course of administering Chapter 7 (commencing with Section 1500) of Title 10 of Part 3 of the Code of Civil Procedure.(i) Sales or transfers under Chapter 7 (commencing with Section 3691) or Chapter 8 (commencing with Section 3771) of Part 6 of Division 1 of the Revenue and Taxation Code.(j) Sales or transfers or exchanges to or from any governmental entity.(k) Sales or transfers of any portion of a property not constituting single-family residential property.(l) Notwithstanding the definition of sale in Section 10018.10 of the Business and Professions Code and Section 2079.13, the terms sale and transfer, as they are used in this section, shall have their commonly understood meanings. The changes made to this section by Assembly Bill 1289 of the 201718 Legislative Session shall not be interpreted to change the application of the law as it read prior to January 1, 2019.SEC. 2.SEC. 4. Section 1102.3 of the Civil Code is amended to read: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 sellers agent. The period of time the prospective buyer has in which to terminate the offer commences when Sections I, II, and III, as applicable, in the form described in Section 1102.6 are completed and delivered to the buyer or buyers agent. A real estate agent may complete their own portion of the required disclosure by providing all of the information on the agents inspection disclosure set forth in Section 1102.6.SEC. 3.SEC. 5. Section 1102.155 of the Civil Code is amended to read:1102.155. (a) 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. The seller shall also disclose (1) any plumbing fixtures that were installed while the seller owned the property and whether those fixtures are water-conserving plumbing fixtures, and (2) whether that seller is aware that the property includes any noncompliant plumbing fixtures as defined in subdivision (c) of Section 1101.3. fixtures.(b) 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.(c) Notwithstanding subdivision (b) of Section 1102, for the purposes of this section, the definitions contained in Section 1101.3 shall apply.SEC. 4.SEC. 6. Section 2079.13 of the Civil Code is amended to read:2079.13. As used in this section and Sections 2079.7 and 2079.14 to 2079.24, inclusive, the following terms have the following meanings:(a) Agent means a person acting under provisions of Title 9 (commencing with Section 2295) in a real property transaction, and includes a person who is licensed as a real estate broker under Chapter 3 (commencing with Section 10130) of Part 1 of Division 4 of the Business and Professions Code, and under whose license a listing is executed or an offer to purchase is obtained.The agent in the real property transaction bears responsibility for that agents salespersons or broker associates who perform as agents of the agent. When a salesperson or broker associate owes a duty to any principal, or to any buyer or seller who is not a principal, in a real property transaction, that duty is equivalent to the duty owed to that party by the broker for whom the salesperson or broker associate functions.(b) Buyer means a transferee in a real property transaction, and includes a person who executes an offer to purchase real property from a seller through an agent, or who seeks the services of an agent in more than a casual, transitory, or preliminary manner, with the object of entering into a real property transaction. Buyer includes vendee or lessee of real property.(c) Commercial real property means all real property in the state, except (1) single-family residential real property, (2) dwelling units made subject to Chapter 2 (commencing with Section 1940) of Title 5, (3) a mobilehome, as defined in Section 798.3, (4) vacant land, or (5) a recreational vehicle, as defined in Section 799.29.(d) Dual agent means an agent acting, either directly or through a salesperson or broker associate, as agent for both the seller and the buyer in a real property transaction.(e) Listing agreement means a written contract between a seller of real property and an agent, by which the agent has been authorized to sell the real property or to find or obtain a buyer, including rendering other services for which a real estate license is required to the seller pursuant to the terms of the agreement.(f) Sellers agent means a person who has obtained a listing of real property to act as an agent for compensation.(g) Listing price is the amount expressed in dollars specified in the listing for which the seller is willing to sell the real property through the sellers agent.(h) Offering price is the amount expressed in dollars specified in an offer to purchase for which the buyer is willing to buy the real property.(i) Offer to purchase means a written contract executed by a buyer acting through a buyers agent that becomes the contract for the sale of the real property upon acceptance by the seller.(j) Real property means any estate specified by subdivision (1) or (2) of Section 761 in property, and includes (1) single-family residential property, (2) multiunit residential property with more than four dwelling units, (3) commercial real property, (4) vacant land, (5) a ground lease coupled with improvements, or (6) a manufactured home as defined in Section 18007 of the Health and Safety Code, or a mobilehome as defined in Section 18008 of the Health and Safety Code, when offered for sale or sold through an agent pursuant to the authority contained in Section 10131.6 of the Business and Professions Code.(k) Real property transaction means a transaction for the sale of real property in which an agent is retained by a buyer, seller, or both a buyer and seller to act in that transaction, and includes a listing or an offer to purchase.(l) Single-family residential property or single-family residential real property means any of the following:(1) Real property improved with one to four dwelling units, including a leasehold exceeding one years duration.(2) A unit in a residential stock cooperative, condominium, or planned unit development.(3) A mobilehome or manufactured home when offered for sale or sold through a real estate broker pursuant to Section 10131.6 of the Business and Professions Code.(m) Sell, sale, or sold refers to a transaction for the transfer of real property from the seller to the buyer and includes exchanges of real property between the seller and buyer, transactions for the creation of a real property sales contract within the meaning of Section 2985, and transactions for the creation of a leasehold exceeding one years duration.(n) Seller means the transferor in a real property transaction and includes an owner who lists real property with an agent, whether or not a transfer results, or who receives an offer to purchase real property of which they are the owner from an agent on behalf of another. Seller includes both a vendor and a lessor of real property.(o) Buyers agent means an agent who represents a buyer in a real property transaction.SEC. 5.SEC. 7. Section 2079.14 of the Civil Code is amended to read:2079.14. (a) A copy of the disclosure form specified in Section 2079.16 shall be provided in a real property transaction as follows:(1) The sellers agent, if any, shall provide the disclosure form to the seller before entering into the listing agreement.(2) The buyers agent shall provide the disclosure form to the buyer as soon as practicable before execution of the buyers offer to purchase. If the offer to purchase is not prepared by the buyers agent, the buyers agent shall present the disclosure form to the buyer not later than the next business day after receiving the offer to purchase from the buyer.(b) The agent providing the disclosure form specified in Section 2079.16 shall obtain a signed acknowledgment of receipt from the buyer or seller except as provided in Section 2079.15.
Amended IN Assembly April 29, 2019 Amended IN Assembly April 22, 2019 Amended IN Assembly March 21, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 892Introduced by Assembly Member HoldenFebruary 20, 2019 An act to amend Sections 1101.4, 1102, 1102.2, 1102.3, 1102.155, 2079.13, and 2079.14 of the Civil Code, relating to real property. LEGISLATIVE COUNSEL'S DIGESTAB 892, as amended, Holden. Transfers of real property: disclosures.The Real Estate Law establishes, within the Business, Consumer Services, and Housing Agency, the Department of Real Estate for the licensure and regulation of real estate brokers and salespersons. Existing law imposes certain duties on real estate professionals to prospective sellers and buyers of real property. Under existing law, a sellers agent and a buyers agent are required to provide the seller and buyer in a real property transaction with a copy of a specific disclosure form regarding the nature of the real estate agency relationship. Existing law further requires the sellers agent or the buyers agent to obtain a signed acknowledgment of receipt from that seller or buyer. Under existing law, if the seller or buyer refuses to sign an acknowledgment of receipt, the agent is required to set forth, sign, and date a written declaration of the facts of the refusal.This bill would revise and recast the above provision regarding the disclosure form. The bill would also make related technical and clarifying changes to these and other real estate disclosure provisions. The bill would define single-family residential property and single-family residential real property for specified provisions.Existing law requires the property owner of a specified single-family residential real property built and available for use on or before January 1, 1994, to replace noncompliant plumbing fixtures in the real property with water-conserving plumbing fixtures. Existing law also requires the seller or transferor of such a property to disclose in writing to the prospective purchaser or transferee the above-described requirement to replace noncompliant plumbing fixtures with water-conserving plumbing fixtures and whether the real property includes any noncompliant plumbing fixtures.This bill would revise the disclosure requirement described above to require the seller to disclose whether that seller is aware that the property includes any noncompliant plumbing fixtures, and, additionally, to disclose any plumbing fixtures that were installed while the seller owned the property and whether those fixtures are water-conserving plumbing fixtures. The bill would make nonsubstantive and related changes.Existing law requires the seller of a specified single-family residential real property to disclose, in writing, that the above-described provision requires that California single-family residences be equipped with water-conserving plumbing fixtures, and requires the seller to disclose whether the property includes any noncompliant plumbing fixtures, as defined. Existing law, for purposes of these and other provisions related to disclosures applicable to the transfer of residential real property, specifies, by reference, that certain definitions contained in the Real Estate Law apply.This bill would revise the disclosure requirement to require the seller to disclose whether that seller is aware that the property includes any noncompliant plumbing fixtures, and, additionally, to disclose any plumbing fixtures that were installed while the seller owned the property and whether those fixtures are water-conserving plumbing fixtures. The bill would specify, by reference, that the definitions contained in the provisions relating to the installation of water use efficiency improvements apply to these disclosure provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Amended IN Assembly April 29, 2019 Amended IN Assembly April 22, 2019 Amended IN Assembly March 21, 2019
Amended IN Assembly April 29, 2019
Amended IN Assembly April 22, 2019
Amended IN Assembly March 21, 2019
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
Assembly Bill No. 892
Introduced by Assembly Member HoldenFebruary 20, 2019
Introduced by Assembly Member Holden
February 20, 2019
An act to amend Sections 1101.4, 1102, 1102.2, 1102.3, 1102.155, 2079.13, and 2079.14 of the Civil Code, relating to real property.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 892, as amended, Holden. Transfers of real property: disclosures.
The Real Estate Law establishes, within the Business, Consumer Services, and Housing Agency, the Department of Real Estate for the licensure and regulation of real estate brokers and salespersons. Existing law imposes certain duties on real estate professionals to prospective sellers and buyers of real property. Under existing law, a sellers agent and a buyers agent are required to provide the seller and buyer in a real property transaction with a copy of a specific disclosure form regarding the nature of the real estate agency relationship. Existing law further requires the sellers agent or the buyers agent to obtain a signed acknowledgment of receipt from that seller or buyer. Under existing law, if the seller or buyer refuses to sign an acknowledgment of receipt, the agent is required to set forth, sign, and date a written declaration of the facts of the refusal.This bill would revise and recast the above provision regarding the disclosure form. The bill would also make related technical and clarifying changes to these and other real estate disclosure provisions. The bill would define single-family residential property and single-family residential real property for specified provisions.Existing law requires the property owner of a specified single-family residential real property built and available for use on or before January 1, 1994, to replace noncompliant plumbing fixtures in the real property with water-conserving plumbing fixtures. Existing law also requires the seller or transferor of such a property to disclose in writing to the prospective purchaser or transferee the above-described requirement to replace noncompliant plumbing fixtures with water-conserving plumbing fixtures and whether the real property includes any noncompliant plumbing fixtures.This bill would revise the disclosure requirement described above to require the seller to disclose whether that seller is aware that the property includes any noncompliant plumbing fixtures, and, additionally, to disclose any plumbing fixtures that were installed while the seller owned the property and whether those fixtures are water-conserving plumbing fixtures. The bill would make nonsubstantive and related changes.Existing law requires the seller of a specified single-family residential real property to disclose, in writing, that the above-described provision requires that California single-family residences be equipped with water-conserving plumbing fixtures, and requires the seller to disclose whether the property includes any noncompliant plumbing fixtures, as defined. Existing law, for purposes of these and other provisions related to disclosures applicable to the transfer of residential real property, specifies, by reference, that certain definitions contained in the Real Estate Law apply.This bill would revise the disclosure requirement to require the seller to disclose whether that seller is aware that the property includes any noncompliant plumbing fixtures, and, additionally, to disclose any plumbing fixtures that were installed while the seller owned the property and whether those fixtures are water-conserving plumbing fixtures. The bill would specify, by reference, that the definitions contained in the provisions relating to the installation of water use efficiency improvements apply to these disclosure provisions.
The Real Estate Law establishes, within the Business, Consumer Services, and Housing Agency, the Department of Real Estate for the licensure and regulation of real estate brokers and salespersons. Existing law imposes certain duties on real estate professionals to prospective sellers and buyers of real property. Under existing law, a sellers agent and a buyers agent are required to provide the seller and buyer in a real property transaction with a copy of a specific disclosure form regarding the nature of the real estate agency relationship. Existing law further requires the sellers agent or the buyers agent to obtain a signed acknowledgment of receipt from that seller or buyer. Under existing law, if the seller or buyer refuses to sign an acknowledgment of receipt, the agent is required to set forth, sign, and date a written declaration of the facts of the refusal.
This bill would revise and recast the above provision regarding the disclosure form. The bill would also make related technical and clarifying changes to these and other real estate disclosure provisions. The bill would define single-family residential property and single-family residential real property for specified provisions.
Existing law requires the property owner of a specified single-family residential real property built and available for use on or before January 1, 1994, to replace noncompliant plumbing fixtures in the real property with water-conserving plumbing fixtures. Existing law also requires the seller or transferor of such a property to disclose in writing to the prospective purchaser or transferee the above-described requirement to replace noncompliant plumbing fixtures with water-conserving plumbing fixtures and whether the real property includes any noncompliant plumbing fixtures.
This bill would revise the disclosure requirement described above to require the seller to disclose whether that seller is aware that the property includes any noncompliant plumbing fixtures, and, additionally, to disclose any plumbing fixtures that were installed while the seller owned the property and whether those fixtures are water-conserving plumbing fixtures. The bill would make nonsubstantive and related changes.
Existing law requires the seller of a specified single-family residential real property to disclose, in writing, that the above-described provision requires that California single-family residences be equipped with water-conserving plumbing fixtures, and requires the seller to disclose whether the property includes any noncompliant plumbing fixtures, as defined. Existing law, for purposes of these and other provisions related to disclosures applicable to the transfer of residential real property, specifies, by reference, that certain definitions contained in the Real Estate Law apply.
This bill would revise the disclosure requirement to require the seller to disclose whether that seller is aware that the property includes any noncompliant plumbing fixtures, and, additionally, to disclose any plumbing fixtures that were installed while the seller owned the property and whether those fixtures are water-conserving plumbing fixtures. The bill would specify, by reference, that the definitions contained in the provisions relating to the installation of water use efficiency improvements apply to these disclosure provisions.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 1101.4 of the Civil Code is amended to read:1101.4. (a) On and after January 1, 2014, for 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 Noncompliant plumbing fixtures in any single-family residential real property shall be replaced by the property owner with water-conserving plumbing fixtures.(c) On and after January 1, 2017, a 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. shall disclose (1) any plumbing fixtures that were installed while the seller or transferor owned the property and whether those fixtures are water-conserving plumbing fixtures, and (2) whether that seller or transferor is aware that the property includes any noncompliant plumbing fixtures.SEC. 2. Section 1102 of the Civil Code is amended to read: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.SECTION 1.SEC. 3. Section 1102.2 of the Civil Code is amended to read:1102.2. This article does not apply to the following:(a) Sales or transfers that are required to be preceded by the furnishing to a prospective buyer of a copy of a public report pursuant to Section 11018.1 of the Business and Professions Code and transfers that can be made without a public report pursuant to Section 11010.4 of the Business and Professions Code.(b) Sales or transfers pursuant to court order, including, but not limited to, sales ordered by a probate court in the administration of an estate, sales pursuant to a writ of execution, sales by any foreclosure sale, transfers by a trustee in bankruptcy, sales by eminent domain, and sales resulting from a decree for specific performance.(c) Sales or transfers to a mortgagee by a mortgagor or successor in interest who is in default, sales to a beneficiary of a deed of trust by a trustor or successor in interest who is in default, any foreclosure sale after default, any foreclosure sale after default in an obligation secured by a mortgage, a sale under a power of sale or any foreclosure sale under a decree of foreclosure after default in an obligation secured by a deed of trust or secured by any other instrument containing a power of sale, sales by a mortgagee or a beneficiary under a deed of trust who has acquired the real property at a sale conducted pursuant to a power of sale under a mortgage or deed of trust or a sale pursuant to a decree of foreclosure or has acquired the real property by a deed in lieu of foreclosure, sales to the legal owner or lienholder of a manufactured home or mobilehome by a registered owner or successor in interest who is in default, or sales by reason of any foreclosure of a security interest in a manufactured home or mobilehome.(d) Sales or transfers by a fiduciary in the course of the administration of a trust, guardianship, conservatorship, or decedents estate. This exemption shall not apply to a sale if the trustee is a natural person who is a trustee of a revocable trust and is a former owner of the property or was an occupant in possession of the property within the preceding year.(e) Sales or transfers from one coowner to one or more other coowners.(f) Sales or transfers made to a spouse, or to a person or persons in the lineal line of consanguinity of one or more of the transferors.(g) Sales or transfers between spouses resulting from a judgment of dissolution of marriage or of legal separation or from a property settlement agreement incidental to that judgment.(h) Sales or transfers by the Controller in the course of administering Chapter 7 (commencing with Section 1500) of Title 10 of Part 3 of the Code of Civil Procedure.(i) Sales or transfers under Chapter 7 (commencing with Section 3691) or Chapter 8 (commencing with Section 3771) of Part 6 of Division 1 of the Revenue and Taxation Code.(j) Sales or transfers or exchanges to or from any governmental entity.(k) Sales or transfers of any portion of a property not constituting single-family residential property.(l) Notwithstanding the definition of sale in Section 10018.10 of the Business and Professions Code and Section 2079.13, the terms sale and transfer, as they are used in this section, shall have their commonly understood meanings. The changes made to this section by Assembly Bill 1289 of the 201718 Legislative Session shall not be interpreted to change the application of the law as it read prior to January 1, 2019.SEC. 2.SEC. 4. Section 1102.3 of the Civil Code is amended to read: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 sellers agent. The period of time the prospective buyer has in which to terminate the offer commences when Sections I, II, and III, as applicable, in the form described in Section 1102.6 are completed and delivered to the buyer or buyers agent. A real estate agent may complete their own portion of the required disclosure by providing all of the information on the agents inspection disclosure set forth in Section 1102.6.SEC. 3.SEC. 5. Section 1102.155 of the Civil Code is amended to read:1102.155. (a) 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. The seller shall also disclose (1) any plumbing fixtures that were installed while the seller owned the property and whether those fixtures are water-conserving plumbing fixtures, and (2) whether that seller is aware that the property includes any noncompliant plumbing fixtures as defined in subdivision (c) of Section 1101.3. fixtures.(b) 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.(c) Notwithstanding subdivision (b) of Section 1102, for the purposes of this section, the definitions contained in Section 1101.3 shall apply.SEC. 4.SEC. 6. Section 2079.13 of the Civil Code is amended to read:2079.13. As used in this section and Sections 2079.7 and 2079.14 to 2079.24, inclusive, the following terms have the following meanings:(a) Agent means a person acting under provisions of Title 9 (commencing with Section 2295) in a real property transaction, and includes a person who is licensed as a real estate broker under Chapter 3 (commencing with Section 10130) of Part 1 of Division 4 of the Business and Professions Code, and under whose license a listing is executed or an offer to purchase is obtained.The agent in the real property transaction bears responsibility for that agents salespersons or broker associates who perform as agents of the agent. When a salesperson or broker associate owes a duty to any principal, or to any buyer or seller who is not a principal, in a real property transaction, that duty is equivalent to the duty owed to that party by the broker for whom the salesperson or broker associate functions.(b) Buyer means a transferee in a real property transaction, and includes a person who executes an offer to purchase real property from a seller through an agent, or who seeks the services of an agent in more than a casual, transitory, or preliminary manner, with the object of entering into a real property transaction. Buyer includes vendee or lessee of real property.(c) Commercial real property means all real property in the state, except (1) single-family residential real property, (2) dwelling units made subject to Chapter 2 (commencing with Section 1940) of Title 5, (3) a mobilehome, as defined in Section 798.3, (4) vacant land, or (5) a recreational vehicle, as defined in Section 799.29.(d) Dual agent means an agent acting, either directly or through a salesperson or broker associate, as agent for both the seller and the buyer in a real property transaction.(e) Listing agreement means a written contract between a seller of real property and an agent, by which the agent has been authorized to sell the real property or to find or obtain a buyer, including rendering other services for which a real estate license is required to the seller pursuant to the terms of the agreement.(f) Sellers agent means a person who has obtained a listing of real property to act as an agent for compensation.(g) Listing price is the amount expressed in dollars specified in the listing for which the seller is willing to sell the real property through the sellers agent.(h) Offering price is the amount expressed in dollars specified in an offer to purchase for which the buyer is willing to buy the real property.(i) Offer to purchase means a written contract executed by a buyer acting through a buyers agent that becomes the contract for the sale of the real property upon acceptance by the seller.(j) Real property means any estate specified by subdivision (1) or (2) of Section 761 in property, and includes (1) single-family residential property, (2) multiunit residential property with more than four dwelling units, (3) commercial real property, (4) vacant land, (5) a ground lease coupled with improvements, or (6) a manufactured home as defined in Section 18007 of the Health and Safety Code, or a mobilehome as defined in Section 18008 of the Health and Safety Code, when offered for sale or sold through an agent pursuant to the authority contained in Section 10131.6 of the Business and Professions Code.(k) Real property transaction means a transaction for the sale of real property in which an agent is retained by a buyer, seller, or both a buyer and seller to act in that transaction, and includes a listing or an offer to purchase.(l) Single-family residential property or single-family residential real property means any of the following:(1) Real property improved with one to four dwelling units, including a leasehold exceeding one years duration.(2) A unit in a residential stock cooperative, condominium, or planned unit development.(3) A mobilehome or manufactured home when offered for sale or sold through a real estate broker pursuant to Section 10131.6 of the Business and Professions Code.(m) Sell, sale, or sold refers to a transaction for the transfer of real property from the seller to the buyer and includes exchanges of real property between the seller and buyer, transactions for the creation of a real property sales contract within the meaning of Section 2985, and transactions for the creation of a leasehold exceeding one years duration.(n) Seller means the transferor in a real property transaction and includes an owner who lists real property with an agent, whether or not a transfer results, or who receives an offer to purchase real property of which they are the owner from an agent on behalf of another. Seller includes both a vendor and a lessor of real property.(o) Buyers agent means an agent who represents a buyer in a real property transaction.SEC. 5.SEC. 7. Section 2079.14 of the Civil Code is amended to read:2079.14. (a) A copy of the disclosure form specified in Section 2079.16 shall be provided in a real property transaction as follows:(1) The sellers agent, if any, shall provide the disclosure form to the seller before entering into the listing agreement.(2) The buyers agent shall provide the disclosure form to the buyer as soon as practicable before execution of the buyers offer to purchase. If the offer to purchase is not prepared by the buyers agent, the buyers agent shall present the disclosure form to the buyer not later than the next business day after receiving the offer to purchase from the buyer.(b) The agent providing the disclosure form specified in Section 2079.16 shall obtain a signed acknowledgment of receipt from the buyer or seller except as provided in Section 2079.15.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 1101.4 of the Civil Code is amended to read:1101.4. (a) On and after January 1, 2014, for 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 Noncompliant plumbing fixtures in any single-family residential real property shall be replaced by the property owner with water-conserving plumbing fixtures.(c) On and after January 1, 2017, a 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. shall disclose (1) any plumbing fixtures that were installed while the seller or transferor owned the property and whether those fixtures are water-conserving plumbing fixtures, and (2) whether that seller or transferor is aware that the property includes any noncompliant plumbing fixtures.
SECTION 1. Section 1101.4 of the Civil Code is amended to read:
### SECTION 1.
1101.4. (a) On and after January 1, 2014, for 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 Noncompliant plumbing fixtures in any single-family residential real property shall be replaced by the property owner with water-conserving plumbing fixtures.(c) On and after January 1, 2017, a 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. shall disclose (1) any plumbing fixtures that were installed while the seller or transferor owned the property and whether those fixtures are water-conserving plumbing fixtures, and (2) whether that seller or transferor is aware that the property includes any noncompliant plumbing fixtures.
1101.4. (a) On and after January 1, 2014, for 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 Noncompliant plumbing fixtures in any single-family residential real property shall be replaced by the property owner with water-conserving plumbing fixtures.(c) On and after January 1, 2017, a 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. shall disclose (1) any plumbing fixtures that were installed while the seller or transferor owned the property and whether those fixtures are water-conserving plumbing fixtures, and (2) whether that seller or transferor is aware that the property includes any noncompliant plumbing fixtures.
1101.4. (a) On and after January 1, 2014, for 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 Noncompliant plumbing fixtures in any single-family residential real property shall be replaced by the property owner with water-conserving plumbing fixtures.(c) On and after January 1, 2017, a 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. shall disclose (1) any plumbing fixtures that were installed while the seller or transferor owned the property and whether those fixtures are water-conserving plumbing fixtures, and (2) whether that seller or transferor is aware that the property includes any noncompliant plumbing fixtures.
1101.4. (a) On and after January 1, 2014, for 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 Noncompliant plumbing fixtures in any single-family residential real property shall be replaced by the property owner with water-conserving plumbing fixtures.
(c) On and after January 1, 2017, a 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. shall disclose (1) any plumbing fixtures that were installed while the seller or transferor owned the property and whether those fixtures are water-conserving plumbing fixtures, and (2) whether that seller or transferor is aware that the property includes any noncompliant plumbing fixtures.
SEC. 2. Section 1102 of the Civil Code is amended to read: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.
SEC. 2. Section 1102 of the Civil Code is amended to read:
### SEC. 2.
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.
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.
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.
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.
SECTION 1.SEC. 3. Section 1102.2 of the Civil Code is amended to read:1102.2. This article does not apply to the following:(a) Sales or transfers that are required to be preceded by the furnishing to a prospective buyer of a copy of a public report pursuant to Section 11018.1 of the Business and Professions Code and transfers that can be made without a public report pursuant to Section 11010.4 of the Business and Professions Code.(b) Sales or transfers pursuant to court order, including, but not limited to, sales ordered by a probate court in the administration of an estate, sales pursuant to a writ of execution, sales by any foreclosure sale, transfers by a trustee in bankruptcy, sales by eminent domain, and sales resulting from a decree for specific performance.(c) Sales or transfers to a mortgagee by a mortgagor or successor in interest who is in default, sales to a beneficiary of a deed of trust by a trustor or successor in interest who is in default, any foreclosure sale after default, any foreclosure sale after default in an obligation secured by a mortgage, a sale under a power of sale or any foreclosure sale under a decree of foreclosure after default in an obligation secured by a deed of trust or secured by any other instrument containing a power of sale, sales by a mortgagee or a beneficiary under a deed of trust who has acquired the real property at a sale conducted pursuant to a power of sale under a mortgage or deed of trust or a sale pursuant to a decree of foreclosure or has acquired the real property by a deed in lieu of foreclosure, sales to the legal owner or lienholder of a manufactured home or mobilehome by a registered owner or successor in interest who is in default, or sales by reason of any foreclosure of a security interest in a manufactured home or mobilehome.(d) Sales or transfers by a fiduciary in the course of the administration of a trust, guardianship, conservatorship, or decedents estate. This exemption shall not apply to a sale if the trustee is a natural person who is a trustee of a revocable trust and is a former owner of the property or was an occupant in possession of the property within the preceding year.(e) Sales or transfers from one coowner to one or more other coowners.(f) Sales or transfers made to a spouse, or to a person or persons in the lineal line of consanguinity of one or more of the transferors.(g) Sales or transfers between spouses resulting from a judgment of dissolution of marriage or of legal separation or from a property settlement agreement incidental to that judgment.(h) Sales or transfers by the Controller in the course of administering Chapter 7 (commencing with Section 1500) of Title 10 of Part 3 of the Code of Civil Procedure.(i) Sales or transfers under Chapter 7 (commencing with Section 3691) or Chapter 8 (commencing with Section 3771) of Part 6 of Division 1 of the Revenue and Taxation Code.(j) Sales or transfers or exchanges to or from any governmental entity.(k) Sales or transfers of any portion of a property not constituting single-family residential property.(l) Notwithstanding the definition of sale in Section 10018.10 of the Business and Professions Code and Section 2079.13, the terms sale and transfer, as they are used in this section, shall have their commonly understood meanings. The changes made to this section by Assembly Bill 1289 of the 201718 Legislative Session shall not be interpreted to change the application of the law as it read prior to January 1, 2019.
SECTION 1.SEC. 3. Section 1102.2 of the Civil Code is amended to read:
### SECTION 1.SEC. 3.
1102.2. This article does not apply to the following:(a) Sales or transfers that are required to be preceded by the furnishing to a prospective buyer of a copy of a public report pursuant to Section 11018.1 of the Business and Professions Code and transfers that can be made without a public report pursuant to Section 11010.4 of the Business and Professions Code.(b) Sales or transfers pursuant to court order, including, but not limited to, sales ordered by a probate court in the administration of an estate, sales pursuant to a writ of execution, sales by any foreclosure sale, transfers by a trustee in bankruptcy, sales by eminent domain, and sales resulting from a decree for specific performance.(c) Sales or transfers to a mortgagee by a mortgagor or successor in interest who is in default, sales to a beneficiary of a deed of trust by a trustor or successor in interest who is in default, any foreclosure sale after default, any foreclosure sale after default in an obligation secured by a mortgage, a sale under a power of sale or any foreclosure sale under a decree of foreclosure after default in an obligation secured by a deed of trust or secured by any other instrument containing a power of sale, sales by a mortgagee or a beneficiary under a deed of trust who has acquired the real property at a sale conducted pursuant to a power of sale under a mortgage or deed of trust or a sale pursuant to a decree of foreclosure or has acquired the real property by a deed in lieu of foreclosure, sales to the legal owner or lienholder of a manufactured home or mobilehome by a registered owner or successor in interest who is in default, or sales by reason of any foreclosure of a security interest in a manufactured home or mobilehome.(d) Sales or transfers by a fiduciary in the course of the administration of a trust, guardianship, conservatorship, or decedents estate. This exemption shall not apply to a sale if the trustee is a natural person who is a trustee of a revocable trust and is a former owner of the property or was an occupant in possession of the property within the preceding year.(e) Sales or transfers from one coowner to one or more other coowners.(f) Sales or transfers made to a spouse, or to a person or persons in the lineal line of consanguinity of one or more of the transferors.(g) Sales or transfers between spouses resulting from a judgment of dissolution of marriage or of legal separation or from a property settlement agreement incidental to that judgment.(h) Sales or transfers by the Controller in the course of administering Chapter 7 (commencing with Section 1500) of Title 10 of Part 3 of the Code of Civil Procedure.(i) Sales or transfers under Chapter 7 (commencing with Section 3691) or Chapter 8 (commencing with Section 3771) of Part 6 of Division 1 of the Revenue and Taxation Code.(j) Sales or transfers or exchanges to or from any governmental entity.(k) Sales or transfers of any portion of a property not constituting single-family residential property.(l) Notwithstanding the definition of sale in Section 10018.10 of the Business and Professions Code and Section 2079.13, the terms sale and transfer, as they are used in this section, shall have their commonly understood meanings. The changes made to this section by Assembly Bill 1289 of the 201718 Legislative Session shall not be interpreted to change the application of the law as it read prior to January 1, 2019.
1102.2. This article does not apply to the following:(a) Sales or transfers that are required to be preceded by the furnishing to a prospective buyer of a copy of a public report pursuant to Section 11018.1 of the Business and Professions Code and transfers that can be made without a public report pursuant to Section 11010.4 of the Business and Professions Code.(b) Sales or transfers pursuant to court order, including, but not limited to, sales ordered by a probate court in the administration of an estate, sales pursuant to a writ of execution, sales by any foreclosure sale, transfers by a trustee in bankruptcy, sales by eminent domain, and sales resulting from a decree for specific performance.(c) Sales or transfers to a mortgagee by a mortgagor or successor in interest who is in default, sales to a beneficiary of a deed of trust by a trustor or successor in interest who is in default, any foreclosure sale after default, any foreclosure sale after default in an obligation secured by a mortgage, a sale under a power of sale or any foreclosure sale under a decree of foreclosure after default in an obligation secured by a deed of trust or secured by any other instrument containing a power of sale, sales by a mortgagee or a beneficiary under a deed of trust who has acquired the real property at a sale conducted pursuant to a power of sale under a mortgage or deed of trust or a sale pursuant to a decree of foreclosure or has acquired the real property by a deed in lieu of foreclosure, sales to the legal owner or lienholder of a manufactured home or mobilehome by a registered owner or successor in interest who is in default, or sales by reason of any foreclosure of a security interest in a manufactured home or mobilehome.(d) Sales or transfers by a fiduciary in the course of the administration of a trust, guardianship, conservatorship, or decedents estate. This exemption shall not apply to a sale if the trustee is a natural person who is a trustee of a revocable trust and is a former owner of the property or was an occupant in possession of the property within the preceding year.(e) Sales or transfers from one coowner to one or more other coowners.(f) Sales or transfers made to a spouse, or to a person or persons in the lineal line of consanguinity of one or more of the transferors.(g) Sales or transfers between spouses resulting from a judgment of dissolution of marriage or of legal separation or from a property settlement agreement incidental to that judgment.(h) Sales or transfers by the Controller in the course of administering Chapter 7 (commencing with Section 1500) of Title 10 of Part 3 of the Code of Civil Procedure.(i) Sales or transfers under Chapter 7 (commencing with Section 3691) or Chapter 8 (commencing with Section 3771) of Part 6 of Division 1 of the Revenue and Taxation Code.(j) Sales or transfers or exchanges to or from any governmental entity.(k) Sales or transfers of any portion of a property not constituting single-family residential property.(l) Notwithstanding the definition of sale in Section 10018.10 of the Business and Professions Code and Section 2079.13, the terms sale and transfer, as they are used in this section, shall have their commonly understood meanings. The changes made to this section by Assembly Bill 1289 of the 201718 Legislative Session shall not be interpreted to change the application of the law as it read prior to January 1, 2019.
1102.2. This article does not apply to the following:(a) Sales or transfers that are required to be preceded by the furnishing to a prospective buyer of a copy of a public report pursuant to Section 11018.1 of the Business and Professions Code and transfers that can be made without a public report pursuant to Section 11010.4 of the Business and Professions Code.(b) Sales or transfers pursuant to court order, including, but not limited to, sales ordered by a probate court in the administration of an estate, sales pursuant to a writ of execution, sales by any foreclosure sale, transfers by a trustee in bankruptcy, sales by eminent domain, and sales resulting from a decree for specific performance.(c) Sales or transfers to a mortgagee by a mortgagor or successor in interest who is in default, sales to a beneficiary of a deed of trust by a trustor or successor in interest who is in default, any foreclosure sale after default, any foreclosure sale after default in an obligation secured by a mortgage, a sale under a power of sale or any foreclosure sale under a decree of foreclosure after default in an obligation secured by a deed of trust or secured by any other instrument containing a power of sale, sales by a mortgagee or a beneficiary under a deed of trust who has acquired the real property at a sale conducted pursuant to a power of sale under a mortgage or deed of trust or a sale pursuant to a decree of foreclosure or has acquired the real property by a deed in lieu of foreclosure, sales to the legal owner or lienholder of a manufactured home or mobilehome by a registered owner or successor in interest who is in default, or sales by reason of any foreclosure of a security interest in a manufactured home or mobilehome.(d) Sales or transfers by a fiduciary in the course of the administration of a trust, guardianship, conservatorship, or decedents estate. This exemption shall not apply to a sale if the trustee is a natural person who is a trustee of a revocable trust and is a former owner of the property or was an occupant in possession of the property within the preceding year.(e) Sales or transfers from one coowner to one or more other coowners.(f) Sales or transfers made to a spouse, or to a person or persons in the lineal line of consanguinity of one or more of the transferors.(g) Sales or transfers between spouses resulting from a judgment of dissolution of marriage or of legal separation or from a property settlement agreement incidental to that judgment.(h) Sales or transfers by the Controller in the course of administering Chapter 7 (commencing with Section 1500) of Title 10 of Part 3 of the Code of Civil Procedure.(i) Sales or transfers under Chapter 7 (commencing with Section 3691) or Chapter 8 (commencing with Section 3771) of Part 6 of Division 1 of the Revenue and Taxation Code.(j) Sales or transfers or exchanges to or from any governmental entity.(k) Sales or transfers of any portion of a property not constituting single-family residential property.(l) Notwithstanding the definition of sale in Section 10018.10 of the Business and Professions Code and Section 2079.13, the terms sale and transfer, as they are used in this section, shall have their commonly understood meanings. The changes made to this section by Assembly Bill 1289 of the 201718 Legislative Session shall not be interpreted to change the application of the law as it read prior to January 1, 2019.
1102.2. This article does not apply to the following:
(a) Sales or transfers that are required to be preceded by the furnishing to a prospective buyer of a copy of a public report pursuant to Section 11018.1 of the Business and Professions Code and transfers that can be made without a public report pursuant to Section 11010.4 of the Business and Professions Code.
(b) Sales or transfers pursuant to court order, including, but not limited to, sales ordered by a probate court in the administration of an estate, sales pursuant to a writ of execution, sales by any foreclosure sale, transfers by a trustee in bankruptcy, sales by eminent domain, and sales resulting from a decree for specific performance.
(c) Sales or transfers to a mortgagee by a mortgagor or successor in interest who is in default, sales to a beneficiary of a deed of trust by a trustor or successor in interest who is in default, any foreclosure sale after default, any foreclosure sale after default in an obligation secured by a mortgage, a sale under a power of sale or any foreclosure sale under a decree of foreclosure after default in an obligation secured by a deed of trust or secured by any other instrument containing a power of sale, sales by a mortgagee or a beneficiary under a deed of trust who has acquired the real property at a sale conducted pursuant to a power of sale under a mortgage or deed of trust or a sale pursuant to a decree of foreclosure or has acquired the real property by a deed in lieu of foreclosure, sales to the legal owner or lienholder of a manufactured home or mobilehome by a registered owner or successor in interest who is in default, or sales by reason of any foreclosure of a security interest in a manufactured home or mobilehome.
(d) Sales or transfers by a fiduciary in the course of the administration of a trust, guardianship, conservatorship, or decedents estate. This exemption shall not apply to a sale if the trustee is a natural person who is a trustee of a revocable trust and is a former owner of the property or was an occupant in possession of the property within the preceding year.
(e) Sales or transfers from one coowner to one or more other coowners.
(f) Sales or transfers made to a spouse, or to a person or persons in the lineal line of consanguinity of one or more of the transferors.
(g) Sales or transfers between spouses resulting from a judgment of dissolution of marriage or of legal separation or from a property settlement agreement incidental to that judgment.
(h) Sales or transfers by the Controller in the course of administering Chapter 7 (commencing with Section 1500) of Title 10 of Part 3 of the Code of Civil Procedure.
(i) Sales or transfers under Chapter 7 (commencing with Section 3691) or Chapter 8 (commencing with Section 3771) of Part 6 of Division 1 of the Revenue and Taxation Code.
(j) Sales or transfers or exchanges to or from any governmental entity.
(k) Sales or transfers of any portion of a property not constituting single-family residential property.
(l) Notwithstanding the definition of sale in Section 10018.10 of the Business and Professions Code and Section 2079.13, the terms sale and transfer, as they are used in this section, shall have their commonly understood meanings. The changes made to this section by Assembly Bill 1289 of the 201718 Legislative Session shall not be interpreted to change the application of the law as it read prior to January 1, 2019.
SEC. 2.SEC. 4. Section 1102.3 of the Civil Code is amended to read: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 sellers agent. The period of time the prospective buyer has in which to terminate the offer commences when Sections I, II, and III, as applicable, in the form described in Section 1102.6 are completed and delivered to the buyer or buyers agent. A real estate agent may complete their own portion of the required disclosure by providing all of the information on the agents inspection disclosure set forth in Section 1102.6.
SEC. 2.SEC. 4. Section 1102.3 of the Civil Code is amended to read:
### SEC. 2.SEC. 4.
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 sellers agent. The period of time the prospective buyer has in which to terminate the offer commences when Sections I, II, and III, as applicable, in the form described in Section 1102.6 are completed and delivered to the buyer or buyers agent. A real estate agent may complete their own portion of the required disclosure by providing all of the information on the agents inspection disclosure set forth in Section 1102.6.
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 sellers agent. The period of time the prospective buyer has in which to terminate the offer commences when Sections I, II, and III, as applicable, in the form described in Section 1102.6 are completed and delivered to the buyer or buyers agent. A real estate agent may complete their own portion of the required disclosure by providing all of the information on the agents inspection disclosure set forth in Section 1102.6.
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 sellers agent. The period of time the prospective buyer has in which to terminate the offer commences when Sections I, II, and III, as applicable, in the form described in Section 1102.6 are completed and delivered to the buyer or buyers agent. A real estate agent may complete their own portion of the required disclosure by providing all of the information on the agents inspection disclosure set forth in Section 1102.6.
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 sellers agent. The period of time the prospective buyer has in which to terminate the offer commences when Sections I, II, and III, as applicable, in the form described in Section 1102.6 are completed and delivered to the buyer or buyers agent. A real estate agent may complete their own portion of the required disclosure by providing all of the information on the agents inspection disclosure set forth in Section 1102.6.
SEC. 3.SEC. 5. Section 1102.155 of the Civil Code is amended to read:1102.155. (a) 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. The seller shall also disclose (1) any plumbing fixtures that were installed while the seller owned the property and whether those fixtures are water-conserving plumbing fixtures, and (2) whether that seller is aware that the property includes any noncompliant plumbing fixtures as defined in subdivision (c) of Section 1101.3. fixtures.(b) 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.(c) Notwithstanding subdivision (b) of Section 1102, for the purposes of this section, the definitions contained in Section 1101.3 shall apply.
SEC. 3.SEC. 5. Section 1102.155 of the Civil Code is amended to read:
### SEC. 3.SEC. 5.
1102.155. (a) 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. The seller shall also disclose (1) any plumbing fixtures that were installed while the seller owned the property and whether those fixtures are water-conserving plumbing fixtures, and (2) whether that seller is aware that the property includes any noncompliant plumbing fixtures as defined in subdivision (c) of Section 1101.3. fixtures.(b) 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.(c) Notwithstanding subdivision (b) of Section 1102, for the purposes of this section, the definitions contained in Section 1101.3 shall apply.
1102.155. (a) 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. The seller shall also disclose (1) any plumbing fixtures that were installed while the seller owned the property and whether those fixtures are water-conserving plumbing fixtures, and (2) whether that seller is aware that the property includes any noncompliant plumbing fixtures as defined in subdivision (c) of Section 1101.3. fixtures.(b) 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.(c) Notwithstanding subdivision (b) of Section 1102, for the purposes of this section, the definitions contained in Section 1101.3 shall apply.
1102.155. (a) 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. The seller shall also disclose (1) any plumbing fixtures that were installed while the seller owned the property and whether those fixtures are water-conserving plumbing fixtures, and (2) whether that seller is aware that the property includes any noncompliant plumbing fixtures as defined in subdivision (c) of Section 1101.3. fixtures.(b) 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.(c) Notwithstanding subdivision (b) of Section 1102, for the purposes of this section, the definitions contained in Section 1101.3 shall apply.
1102.155. (a) 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. The seller shall also disclose (1) any plumbing fixtures that were installed while the seller owned the property and whether those fixtures are water-conserving plumbing fixtures, and (2) whether that seller is aware that the property includes any noncompliant plumbing fixtures as defined in subdivision (c) of Section 1101.3. fixtures.
(b) 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.
(c) Notwithstanding subdivision (b) of Section 1102, for the purposes of this section, the definitions contained in Section 1101.3 shall apply.
SEC. 4.SEC. 6. Section 2079.13 of the Civil Code is amended to read:2079.13. As used in this section and Sections 2079.7 and 2079.14 to 2079.24, inclusive, the following terms have the following meanings:(a) Agent means a person acting under provisions of Title 9 (commencing with Section 2295) in a real property transaction, and includes a person who is licensed as a real estate broker under Chapter 3 (commencing with Section 10130) of Part 1 of Division 4 of the Business and Professions Code, and under whose license a listing is executed or an offer to purchase is obtained.The agent in the real property transaction bears responsibility for that agents salespersons or broker associates who perform as agents of the agent. When a salesperson or broker associate owes a duty to any principal, or to any buyer or seller who is not a principal, in a real property transaction, that duty is equivalent to the duty owed to that party by the broker for whom the salesperson or broker associate functions.(b) Buyer means a transferee in a real property transaction, and includes a person who executes an offer to purchase real property from a seller through an agent, or who seeks the services of an agent in more than a casual, transitory, or preliminary manner, with the object of entering into a real property transaction. Buyer includes vendee or lessee of real property.(c) Commercial real property means all real property in the state, except (1) single-family residential real property, (2) dwelling units made subject to Chapter 2 (commencing with Section 1940) of Title 5, (3) a mobilehome, as defined in Section 798.3, (4) vacant land, or (5) a recreational vehicle, as defined in Section 799.29.(d) Dual agent means an agent acting, either directly or through a salesperson or broker associate, as agent for both the seller and the buyer in a real property transaction.(e) Listing agreement means a written contract between a seller of real property and an agent, by which the agent has been authorized to sell the real property or to find or obtain a buyer, including rendering other services for which a real estate license is required to the seller pursuant to the terms of the agreement.(f) Sellers agent means a person who has obtained a listing of real property to act as an agent for compensation.(g) Listing price is the amount expressed in dollars specified in the listing for which the seller is willing to sell the real property through the sellers agent.(h) Offering price is the amount expressed in dollars specified in an offer to purchase for which the buyer is willing to buy the real property.(i) Offer to purchase means a written contract executed by a buyer acting through a buyers agent that becomes the contract for the sale of the real property upon acceptance by the seller.(j) Real property means any estate specified by subdivision (1) or (2) of Section 761 in property, and includes (1) single-family residential property, (2) multiunit residential property with more than four dwelling units, (3) commercial real property, (4) vacant land, (5) a ground lease coupled with improvements, or (6) a manufactured home as defined in Section 18007 of the Health and Safety Code, or a mobilehome as defined in Section 18008 of the Health and Safety Code, when offered for sale or sold through an agent pursuant to the authority contained in Section 10131.6 of the Business and Professions Code.(k) Real property transaction means a transaction for the sale of real property in which an agent is retained by a buyer, seller, or both a buyer and seller to act in that transaction, and includes a listing or an offer to purchase.(l) Single-family residential property or single-family residential real property means any of the following:(1) Real property improved with one to four dwelling units, including a leasehold exceeding one years duration.(2) A unit in a residential stock cooperative, condominium, or planned unit development.(3) A mobilehome or manufactured home when offered for sale or sold through a real estate broker pursuant to Section 10131.6 of the Business and Professions Code.(m) Sell, sale, or sold refers to a transaction for the transfer of real property from the seller to the buyer and includes exchanges of real property between the seller and buyer, transactions for the creation of a real property sales contract within the meaning of Section 2985, and transactions for the creation of a leasehold exceeding one years duration.(n) Seller means the transferor in a real property transaction and includes an owner who lists real property with an agent, whether or not a transfer results, or who receives an offer to purchase real property of which they are the owner from an agent on behalf of another. Seller includes both a vendor and a lessor of real property.(o) Buyers agent means an agent who represents a buyer in a real property transaction.
SEC. 4.SEC. 6. Section 2079.13 of the Civil Code is amended to read:
### SEC. 4.SEC. 6.
2079.13. As used in this section and Sections 2079.7 and 2079.14 to 2079.24, inclusive, the following terms have the following meanings:(a) Agent means a person acting under provisions of Title 9 (commencing with Section 2295) in a real property transaction, and includes a person who is licensed as a real estate broker under Chapter 3 (commencing with Section 10130) of Part 1 of Division 4 of the Business and Professions Code, and under whose license a listing is executed or an offer to purchase is obtained.The agent in the real property transaction bears responsibility for that agents salespersons or broker associates who perform as agents of the agent. When a salesperson or broker associate owes a duty to any principal, or to any buyer or seller who is not a principal, in a real property transaction, that duty is equivalent to the duty owed to that party by the broker for whom the salesperson or broker associate functions.(b) Buyer means a transferee in a real property transaction, and includes a person who executes an offer to purchase real property from a seller through an agent, or who seeks the services of an agent in more than a casual, transitory, or preliminary manner, with the object of entering into a real property transaction. Buyer includes vendee or lessee of real property.(c) Commercial real property means all real property in the state, except (1) single-family residential real property, (2) dwelling units made subject to Chapter 2 (commencing with Section 1940) of Title 5, (3) a mobilehome, as defined in Section 798.3, (4) vacant land, or (5) a recreational vehicle, as defined in Section 799.29.(d) Dual agent means an agent acting, either directly or through a salesperson or broker associate, as agent for both the seller and the buyer in a real property transaction.(e) Listing agreement means a written contract between a seller of real property and an agent, by which the agent has been authorized to sell the real property or to find or obtain a buyer, including rendering other services for which a real estate license is required to the seller pursuant to the terms of the agreement.(f) Sellers agent means a person who has obtained a listing of real property to act as an agent for compensation.(g) Listing price is the amount expressed in dollars specified in the listing for which the seller is willing to sell the real property through the sellers agent.(h) Offering price is the amount expressed in dollars specified in an offer to purchase for which the buyer is willing to buy the real property.(i) Offer to purchase means a written contract executed by a buyer acting through a buyers agent that becomes the contract for the sale of the real property upon acceptance by the seller.(j) Real property means any estate specified by subdivision (1) or (2) of Section 761 in property, and includes (1) single-family residential property, (2) multiunit residential property with more than four dwelling units, (3) commercial real property, (4) vacant land, (5) a ground lease coupled with improvements, or (6) a manufactured home as defined in Section 18007 of the Health and Safety Code, or a mobilehome as defined in Section 18008 of the Health and Safety Code, when offered for sale or sold through an agent pursuant to the authority contained in Section 10131.6 of the Business and Professions Code.(k) Real property transaction means a transaction for the sale of real property in which an agent is retained by a buyer, seller, or both a buyer and seller to act in that transaction, and includes a listing or an offer to purchase.(l) Single-family residential property or single-family residential real property means any of the following:(1) Real property improved with one to four dwelling units, including a leasehold exceeding one years duration.(2) A unit in a residential stock cooperative, condominium, or planned unit development.(3) A mobilehome or manufactured home when offered for sale or sold through a real estate broker pursuant to Section 10131.6 of the Business and Professions Code.(m) Sell, sale, or sold refers to a transaction for the transfer of real property from the seller to the buyer and includes exchanges of real property between the seller and buyer, transactions for the creation of a real property sales contract within the meaning of Section 2985, and transactions for the creation of a leasehold exceeding one years duration.(n) Seller means the transferor in a real property transaction and includes an owner who lists real property with an agent, whether or not a transfer results, or who receives an offer to purchase real property of which they are the owner from an agent on behalf of another. Seller includes both a vendor and a lessor of real property.(o) Buyers agent means an agent who represents a buyer in a real property transaction.
2079.13. As used in this section and Sections 2079.7 and 2079.14 to 2079.24, inclusive, the following terms have the following meanings:(a) Agent means a person acting under provisions of Title 9 (commencing with Section 2295) in a real property transaction, and includes a person who is licensed as a real estate broker under Chapter 3 (commencing with Section 10130) of Part 1 of Division 4 of the Business and Professions Code, and under whose license a listing is executed or an offer to purchase is obtained.The agent in the real property transaction bears responsibility for that agents salespersons or broker associates who perform as agents of the agent. When a salesperson or broker associate owes a duty to any principal, or to any buyer or seller who is not a principal, in a real property transaction, that duty is equivalent to the duty owed to that party by the broker for whom the salesperson or broker associate functions.(b) Buyer means a transferee in a real property transaction, and includes a person who executes an offer to purchase real property from a seller through an agent, or who seeks the services of an agent in more than a casual, transitory, or preliminary manner, with the object of entering into a real property transaction. Buyer includes vendee or lessee of real property.(c) Commercial real property means all real property in the state, except (1) single-family residential real property, (2) dwelling units made subject to Chapter 2 (commencing with Section 1940) of Title 5, (3) a mobilehome, as defined in Section 798.3, (4) vacant land, or (5) a recreational vehicle, as defined in Section 799.29.(d) Dual agent means an agent acting, either directly or through a salesperson or broker associate, as agent for both the seller and the buyer in a real property transaction.(e) Listing agreement means a written contract between a seller of real property and an agent, by which the agent has been authorized to sell the real property or to find or obtain a buyer, including rendering other services for which a real estate license is required to the seller pursuant to the terms of the agreement.(f) Sellers agent means a person who has obtained a listing of real property to act as an agent for compensation.(g) Listing price is the amount expressed in dollars specified in the listing for which the seller is willing to sell the real property through the sellers agent.(h) Offering price is the amount expressed in dollars specified in an offer to purchase for which the buyer is willing to buy the real property.(i) Offer to purchase means a written contract executed by a buyer acting through a buyers agent that becomes the contract for the sale of the real property upon acceptance by the seller.(j) Real property means any estate specified by subdivision (1) or (2) of Section 761 in property, and includes (1) single-family residential property, (2) multiunit residential property with more than four dwelling units, (3) commercial real property, (4) vacant land, (5) a ground lease coupled with improvements, or (6) a manufactured home as defined in Section 18007 of the Health and Safety Code, or a mobilehome as defined in Section 18008 of the Health and Safety Code, when offered for sale or sold through an agent pursuant to the authority contained in Section 10131.6 of the Business and Professions Code.(k) Real property transaction means a transaction for the sale of real property in which an agent is retained by a buyer, seller, or both a buyer and seller to act in that transaction, and includes a listing or an offer to purchase.(l) Single-family residential property or single-family residential real property means any of the following:(1) Real property improved with one to four dwelling units, including a leasehold exceeding one years duration.(2) A unit in a residential stock cooperative, condominium, or planned unit development.(3) A mobilehome or manufactured home when offered for sale or sold through a real estate broker pursuant to Section 10131.6 of the Business and Professions Code.(m) Sell, sale, or sold refers to a transaction for the transfer of real property from the seller to the buyer and includes exchanges of real property between the seller and buyer, transactions for the creation of a real property sales contract within the meaning of Section 2985, and transactions for the creation of a leasehold exceeding one years duration.(n) Seller means the transferor in a real property transaction and includes an owner who lists real property with an agent, whether or not a transfer results, or who receives an offer to purchase real property of which they are the owner from an agent on behalf of another. Seller includes both a vendor and a lessor of real property.(o) Buyers agent means an agent who represents a buyer in a real property transaction.
2079.13. As used in this section and Sections 2079.7 and 2079.14 to 2079.24, inclusive, the following terms have the following meanings:(a) Agent means a person acting under provisions of Title 9 (commencing with Section 2295) in a real property transaction, and includes a person who is licensed as a real estate broker under Chapter 3 (commencing with Section 10130) of Part 1 of Division 4 of the Business and Professions Code, and under whose license a listing is executed or an offer to purchase is obtained.The agent in the real property transaction bears responsibility for that agents salespersons or broker associates who perform as agents of the agent. When a salesperson or broker associate owes a duty to any principal, or to any buyer or seller who is not a principal, in a real property transaction, that duty is equivalent to the duty owed to that party by the broker for whom the salesperson or broker associate functions.(b) Buyer means a transferee in a real property transaction, and includes a person who executes an offer to purchase real property from a seller through an agent, or who seeks the services of an agent in more than a casual, transitory, or preliminary manner, with the object of entering into a real property transaction. Buyer includes vendee or lessee of real property.(c) Commercial real property means all real property in the state, except (1) single-family residential real property, (2) dwelling units made subject to Chapter 2 (commencing with Section 1940) of Title 5, (3) a mobilehome, as defined in Section 798.3, (4) vacant land, or (5) a recreational vehicle, as defined in Section 799.29.(d) Dual agent means an agent acting, either directly or through a salesperson or broker associate, as agent for both the seller and the buyer in a real property transaction.(e) Listing agreement means a written contract between a seller of real property and an agent, by which the agent has been authorized to sell the real property or to find or obtain a buyer, including rendering other services for which a real estate license is required to the seller pursuant to the terms of the agreement.(f) Sellers agent means a person who has obtained a listing of real property to act as an agent for compensation.(g) Listing price is the amount expressed in dollars specified in the listing for which the seller is willing to sell the real property through the sellers agent.(h) Offering price is the amount expressed in dollars specified in an offer to purchase for which the buyer is willing to buy the real property.(i) Offer to purchase means a written contract executed by a buyer acting through a buyers agent that becomes the contract for the sale of the real property upon acceptance by the seller.(j) Real property means any estate specified by subdivision (1) or (2) of Section 761 in property, and includes (1) single-family residential property, (2) multiunit residential property with more than four dwelling units, (3) commercial real property, (4) vacant land, (5) a ground lease coupled with improvements, or (6) a manufactured home as defined in Section 18007 of the Health and Safety Code, or a mobilehome as defined in Section 18008 of the Health and Safety Code, when offered for sale or sold through an agent pursuant to the authority contained in Section 10131.6 of the Business and Professions Code.(k) Real property transaction means a transaction for the sale of real property in which an agent is retained by a buyer, seller, or both a buyer and seller to act in that transaction, and includes a listing or an offer to purchase.(l) Single-family residential property or single-family residential real property means any of the following:(1) Real property improved with one to four dwelling units, including a leasehold exceeding one years duration.(2) A unit in a residential stock cooperative, condominium, or planned unit development.(3) A mobilehome or manufactured home when offered for sale or sold through a real estate broker pursuant to Section 10131.6 of the Business and Professions Code.(m) Sell, sale, or sold refers to a transaction for the transfer of real property from the seller to the buyer and includes exchanges of real property between the seller and buyer, transactions for the creation of a real property sales contract within the meaning of Section 2985, and transactions for the creation of a leasehold exceeding one years duration.(n) Seller means the transferor in a real property transaction and includes an owner who lists real property with an agent, whether or not a transfer results, or who receives an offer to purchase real property of which they are the owner from an agent on behalf of another. Seller includes both a vendor and a lessor of real property.(o) Buyers agent means an agent who represents a buyer in a real property transaction.
2079.13. As used in this section and Sections 2079.7 and 2079.14 to 2079.24, inclusive, the following terms have the following meanings:
(a) Agent means a person acting under provisions of Title 9 (commencing with Section 2295) in a real property transaction, and includes a person who is licensed as a real estate broker under Chapter 3 (commencing with Section 10130) of Part 1 of Division 4 of the Business and Professions Code, and under whose license a listing is executed or an offer to purchase is obtained.
The agent in the real property transaction bears responsibility for that agents salespersons or broker associates who perform as agents of the agent. When a salesperson or broker associate owes a duty to any principal, or to any buyer or seller who is not a principal, in a real property transaction, that duty is equivalent to the duty owed to that party by the broker for whom the salesperson or broker associate functions.
(b) Buyer means a transferee in a real property transaction, and includes a person who executes an offer to purchase real property from a seller through an agent, or who seeks the services of an agent in more than a casual, transitory, or preliminary manner, with the object of entering into a real property transaction. Buyer includes vendee or lessee of real property.
(c) Commercial real property means all real property in the state, except (1) single-family residential real property, (2) dwelling units made subject to Chapter 2 (commencing with Section 1940) of Title 5, (3) a mobilehome, as defined in Section 798.3, (4) vacant land, or (5) a recreational vehicle, as defined in Section 799.29.
(d) Dual agent means an agent acting, either directly or through a salesperson or broker associate, as agent for both the seller and the buyer in a real property transaction.
(e) Listing agreement means a written contract between a seller of real property and an agent, by which the agent has been authorized to sell the real property or to find or obtain a buyer, including rendering other services for which a real estate license is required to the seller pursuant to the terms of the agreement.
(f) Sellers agent means a person who has obtained a listing of real property to act as an agent for compensation.
(g) Listing price is the amount expressed in dollars specified in the listing for which the seller is willing to sell the real property through the sellers agent.
(h) Offering price is the amount expressed in dollars specified in an offer to purchase for which the buyer is willing to buy the real property.
(i) Offer to purchase means a written contract executed by a buyer acting through a buyers agent that becomes the contract for the sale of the real property upon acceptance by the seller.
(j) Real property means any estate specified by subdivision (1) or (2) of Section 761 in property, and includes (1) single-family residential property, (2) multiunit residential property with more than four dwelling units, (3) commercial real property, (4) vacant land, (5) a ground lease coupled with improvements, or (6) a manufactured home as defined in Section 18007 of the Health and Safety Code, or a mobilehome as defined in Section 18008 of the Health and Safety Code, when offered for sale or sold through an agent pursuant to the authority contained in Section 10131.6 of the Business and Professions Code.
(k) Real property transaction means a transaction for the sale of real property in which an agent is retained by a buyer, seller, or both a buyer and seller to act in that transaction, and includes a listing or an offer to purchase.
(l) Single-family residential property or single-family residential real property means any of the following:
(1) Real property improved with one to four dwelling units, including a leasehold exceeding one years duration.
(2) A unit in a residential stock cooperative, condominium, or planned unit development.
(3) A mobilehome or manufactured home when offered for sale or sold through a real estate broker pursuant to Section 10131.6 of the Business and Professions Code.
(m) Sell, sale, or sold refers to a transaction for the transfer of real property from the seller to the buyer and includes exchanges of real property between the seller and buyer, transactions for the creation of a real property sales contract within the meaning of Section 2985, and transactions for the creation of a leasehold exceeding one years duration.
(n) Seller means the transferor in a real property transaction and includes an owner who lists real property with an agent, whether or not a transfer results, or who receives an offer to purchase real property of which they are the owner from an agent on behalf of another. Seller includes both a vendor and a lessor of real property.
(o) Buyers agent means an agent who represents a buyer in a real property transaction.
SEC. 5.SEC. 7. Section 2079.14 of the Civil Code is amended to read:2079.14. (a) A copy of the disclosure form specified in Section 2079.16 shall be provided in a real property transaction as follows:(1) The sellers agent, if any, shall provide the disclosure form to the seller before entering into the listing agreement.(2) The buyers agent shall provide the disclosure form to the buyer as soon as practicable before execution of the buyers offer to purchase. If the offer to purchase is not prepared by the buyers agent, the buyers agent shall present the disclosure form to the buyer not later than the next business day after receiving the offer to purchase from the buyer.(b) The agent providing the disclosure form specified in Section 2079.16 shall obtain a signed acknowledgment of receipt from the buyer or seller except as provided in Section 2079.15.
SEC. 5.SEC. 7. Section 2079.14 of the Civil Code is amended to read:
### SEC. 5.SEC. 7.
2079.14. (a) A copy of the disclosure form specified in Section 2079.16 shall be provided in a real property transaction as follows:(1) The sellers agent, if any, shall provide the disclosure form to the seller before entering into the listing agreement.(2) The buyers agent shall provide the disclosure form to the buyer as soon as practicable before execution of the buyers offer to purchase. If the offer to purchase is not prepared by the buyers agent, the buyers agent shall present the disclosure form to the buyer not later than the next business day after receiving the offer to purchase from the buyer.(b) The agent providing the disclosure form specified in Section 2079.16 shall obtain a signed acknowledgment of receipt from the buyer or seller except as provided in Section 2079.15.
2079.14. (a) A copy of the disclosure form specified in Section 2079.16 shall be provided in a real property transaction as follows:(1) The sellers agent, if any, shall provide the disclosure form to the seller before entering into the listing agreement.(2) The buyers agent shall provide the disclosure form to the buyer as soon as practicable before execution of the buyers offer to purchase. If the offer to purchase is not prepared by the buyers agent, the buyers agent shall present the disclosure form to the buyer not later than the next business day after receiving the offer to purchase from the buyer.(b) The agent providing the disclosure form specified in Section 2079.16 shall obtain a signed acknowledgment of receipt from the buyer or seller except as provided in Section 2079.15.
2079.14. (a) A copy of the disclosure form specified in Section 2079.16 shall be provided in a real property transaction as follows:(1) The sellers agent, if any, shall provide the disclosure form to the seller before entering into the listing agreement.(2) The buyers agent shall provide the disclosure form to the buyer as soon as practicable before execution of the buyers offer to purchase. If the offer to purchase is not prepared by the buyers agent, the buyers agent shall present the disclosure form to the buyer not later than the next business day after receiving the offer to purchase from the buyer.(b) The agent providing the disclosure form specified in Section 2079.16 shall obtain a signed acknowledgment of receipt from the buyer or seller except as provided in Section 2079.15.
2079.14. (a) A copy of the disclosure form specified in Section 2079.16 shall be provided in a real property transaction as follows:
(1) The sellers agent, if any, shall provide the disclosure form to the seller before entering into the listing agreement.
(2) The buyers agent shall provide the disclosure form to the buyer as soon as practicable before execution of the buyers offer to purchase. If the offer to purchase is not prepared by the buyers agent, the buyers agent shall present the disclosure form to the buyer not later than the next business day after receiving the offer to purchase from the buyer.
(b) The agent providing the disclosure form specified in Section 2079.16 shall obtain a signed acknowledgment of receipt from the buyer or seller except as provided in Section 2079.15.