CHAPTER 2. Transfer of Real Property [1091. - 1134.]

Chapter 2 enacted 1872.

§§ 1091–1134 · 83 sections

1. ARTICLE 1. Mode of Transfer §§ 1091–1099 · 10 sections

   • § 1091 An estate in real property, other than an estate at will or for a term not exceeding one year, can be transferred only by operation of law, or by an instrument…
   • § 1092 A grant of an estate in real property may be made in substance as follows: “I, AB, grant to CD all that real property situated in (insert name of county)…
   • § 1093 Absent the express written statement of the grantor contained therein, the consolidation of separate and distinct legal descriptions of real property contained…
   • § 1095 When an attorney in fact executes an instrument transferring an estate in real property, he must subscribe the name of his principal to it, and his own name as…
   • § 1096 Any person in whom the title of real estate is vested, who shall afterwards, from any cause, have his or her name changed, must, in any conveyance of said real…
   • § 1097 No vendor or lessor of a single family residential property shall contract for or exact any fee in excess of ten dollars ($10) for the act of signing and…
   • § 1098 (a) A “transfer fee” is any fee payment requirement imposed within a covenant, restriction, or condition contained in any deed, contract, security instrument,…
   • § 1098.5 (a) For transfer fees, as defined in Section 1098, imposed prior to January 1, 2008, the receiver of the fee, as a condition of payment of the fee on or after…
   • § 1098.6 (a) (1) On or after January 1, 2019, a transfer fee shall not be created. (2) This subdivision does not apply to excepted transfer fee covenants as defined by…
   • § 1099 (a) As soon as practical before transfer of title of any real property or the execution of a real property sales contract as defined in Section 2985, the…
2. ARTICLE 1.4. Installation of Water Use Efficiency Improvements §§ 1101.1–1101.9 · 9 sections

   • § 1101.1 The Legislature finds and declares all of the following: (a) Adequate water supply reliability for all uses is essential to the future economic and…
   • § 1101.2 Except as provided in Section 1101.7, this article shall apply to residential and commercial real property built and available for use on or before January 1,…
   • § 1101.3 For the purposes of this article: (a) “Commercial real property” means any real property that is improved with, or consisting of, a building that is intended…
   • § 1101.4 (a) For all building alterations or improvements to single-family residential real property, as a condition for issuance of a certificate of final completion…
   • § 1101.5 (a) On or before January 1, 2019, all noncompliant plumbing fixtures in any multifamily residential real property and in any commercial real property shall be…
   • § 1101.6 The duty of an owner or building permit applicant to comply with the requirements of this article shall be postponed for one year from the date of issuance of…
   • § 1101.7 This article shall not apply to any of the following: (a) Registered historical sites. (b) Real property for which a licensed plumber certifies that, due to…
   • § 1101.8 A city, county, or city and county, or a retail water supplier may do either of the following: (a) Enact local ordinances or establish policies that promote…
   • § 1101.9 Any city, county, or city and county that has adopted an ordinance requiring retrofit of noncompliant plumbing fixtures prior to July 1, 2009, shall be exempt…
3. ARTICLE 1.5. Disclosures Upon Transfer of Residential Property §§ 1102–1102.19 · 33 sections

   • § 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,…
   • § 1102.1 (a) In enacting Chapter 817 of the Statutes of 1994, it was the intent of the Legislature to clarify and facilitate the use of the real estate disclosure…
   • § 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…
   • § 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…
   • § 1102.3a (a) The transferor of any manufactured home or mobilehome subject to this article shall deliver to the prospective transferee the written statement required by…
   • § 1102.4 (a) Neither the seller nor any seller’s agent or buyer’s agent shall be liable for any error, inaccuracy, or omission of any information delivered pursuant to…
   • § 1102.5 (a) If information disclosed in accordance with this article is subsequently rendered inaccurate as a result of any act, occurrence, or agreement subsequent to…
   • § 1102.6 (a) The disclosures required by this article pertaining to the property proposed to be transferred are set forth in, and shall be made on a copy of, the…
   • § 1102.6a (a) On and after July 1, 1990, any city or county may elect to require disclosures on the form set forth in subdivision (b) in addition to those disclosures…
   • § 1102.6b (a) This section applies to all sales of real property for which all of the following apply: (1) The sale is subject to this article. (2) The property being…
   • § 1102.6c (a) In addition to any other disclosure required pursuant to this article, it shall be the sole responsibility of the seller of any real property subject to…
   • § 1102.6d Except for manufactured homes and mobilehomes located in a common interest development governed by Part 5 (commencing with Section 4000) of Division 4, the…
   • § 1102.6e If a property being transferred on or after January 1, 2008, is subject to a transfer fee, as defined in Section 1098, the transferor shall provide, at the…
   • § 1102.6f (a) On or after January 1, 2021, in addition to any other disclosure required pursuant to this article, the seller of any real property subject to this article…
   • § 1102.6g (a) After July 1, 2022, every contract for the sale of real property shall contain, in no less than 8-point type, the following notice: “Any appraisal of the…
   • § 1102.6h (a) A seller of a single-family residential property who accepts an offer for the sale of the single-family residential property within 18 months from the date…
   • § 1102.6i (a) Except as provided in subdivision (b), on or after January 1, 2026, in addition to any other disclosure required pursuant to this article, the seller of…
   • § 1102.6j On or after January 1, 2026, the seller of a single-family residential property subject to this article shall disclose, in writing, the existence of any state…
   • § 1102.6k (a) In addition to any other disclosure required pursuant to this article, it shall be the sole responsibility of a seller of a single-family residential…
   • § 1102.7 Each disclosure required by this article and each act which may be performed in making the disclosure, shall be made in good faith. For purposes of this…
   • § 1102.8 The specification of items for disclosure in this article does not limit or abridge any obligation for disclosure created by any other provision of law or…
   • § 1102.9 Any disclosure made pursuant to this article may be amended in writing by the seller or his or her agent, but the amendment shall be subject to Section 1102.3…
   • § 1102.10 Delivery of disclosures required by this article shall be by personal delivery to the tranferee or by mail to the prospective transferee. For the purposes of…
   • § 1102.11 Any person or entity, other than a real estate licensee licensed pursuant to Part 1 (commencing with Section 10000) of Division 4 of the Business and…
   • § 1102.12 (a) If more than one licensed real estate broker is acting as an agent in a transaction subject to this article, the broker who has obtained the offer made by…
   • § 1102.13 No transfer subject to this article shall be invalidated solely because of the failure of any person to comply with any provision of this article. However, any…
   • § 1102.15 The seller of residential real property subject to this article who has actual knowledge of any former federal or state ordnance locations within the…
   • § 1102.155 (a) (1) The seller of single-family residential real property subject to this article shall disclose, in writing, that Section 1101.4 requires that California…
   • § 1102.156 On or after January 1, 2025, in addition to any other disclosure required pursuant to this article, a seller of any real property who received domestic water…
   • § 1102.16 The disclosure of the existence of any window security bars and any safety release mechanism on those window security bars shall be made pursuant to Section…
   • § 1102.17 The seller of residential real property subject to this article who has actual knowledge that the property is adjacent to, or zoned to allow, an industrial use…
   • § 1102.18 The provisions of subdivision (d) of Section 1102.1 shall apply to this article.
   • § 1102.19 (a) On and after July 1, 2021, a seller of a real property subject to this article that is located in a high or very high fire hazard severity zone, as…
4. ARTICLE 1.7. Disclosure of Natural and Environmental Hazards, Right-to-Farm, and Other Disclosures Upon Transfer of Residential Property §§ 1103–1103.15 · 14 sections

   • § 1103 (a) For purpose of this article, the definitions in Chapter 1 (commencing with Section 10000) of Part 1 of Division 4 of the Business and Professions Code…
   • § 1103.1 (a) This article does not apply to the following sales: (1) Sales or transfers pursuant to court order, including, but not limited to, sales ordered by a…
   • § 1103.2 (a) The disclosures required by this article are set forth in, and shall be made on a copy of, the following Natural Hazard Disclosure Statement: NATURAL…
   • § 1103.3 (a) The seller of any real property subject to this article shall deliver to the prospective buyer the written statement required by this article, as follows:…
   • § 1103.4 (a) Neither the seller nor any seller’s agent or buyer’s agent shall be liable for any error, inaccuracy, or omission of any information delivered pursuant to…
   • § 1103.5 (a) After a seller and his or her agent comply with Section 1103.2, they shall be relieved of further duty under this article with respect to those items of…
   • § 1103.7 Each disclosure required by this article and each act that may be performed in making the disclosure shall be made in good faith. For purposes of this article,…
   • § 1103.8 (a) The specification of items for disclosure in this article does not limit or abridge any obligation for disclosure created by any other provision of law or…
   • § 1103.9 Any disclosure made pursuant to this article may be amended in writing by the seller or the seller’s agent, but the amendment shall be subject to Section…
   • § 1103.10 Delivery of disclosures required by this article shall be by personal delivery to the transferee or by mail to the prospective transferee. For the purposes of…
   • § 1103.11 Any person or entity, other than a real estate licensee licensed pursuant to Part 1 (commencing with Section 10000) of Division 4 of the Business and…
   • § 1103.12 (a) If more than one licensed real estate broker is acting as an agent in a transaction subject to this article, the broker who has obtained the offer made by…
   • § 1103.13 No transfer subject to this article shall be invalidated solely because of the failure of any person to comply with any provision of this article. However, any…
   • § 1103.15 The provisions of subdivision (d) of Section 1102.1 shall apply to this article.
5. ARTICLE 1.8. Buyer’s Choice Act §§ 1103.20–1103.22 · 3 sections

   • § 1103.20 This article shall be known, and may be cited, as the Buyer’s Choice Act.
   • § 1103.21 (a) The Legislature finds and declares: (1) Sales of foreclosed properties have become a dominant portion of homes on the resale real estate market. (2) The…
   • § 1103.22 (a) A seller of residential real property improved by four or fewer dwelling units shall not require directly or indirectly, as a condition of selling the…
6. ARTICLE 2. Effect of Transfer §§ 1104–1134 · 14 sections

   • § 1104 A transfer of real property passes all easements attached thereto, and creates in favor thereof an easement to use other real property of the person whose…
   • § 1105 A fee simple title is presumed to be intended to pass by a grant of real property, unless it appears from the grant that a lesser estate was intended.
   • § 1106 Where a person purports by proper instrument to grant real property in fee simple, and subsequently acquires any title, or claim of title thereto, the same…
   • § 1107 Every grant of an estate in real property is conclusive against the grantor, also against every one subsequently claiming under him, except a purchaser or…
   • § 1108 A grant made by the owner of an estate for life or years, purporting to transfer a greater estate than he could lawfully transfer, does not work a forfeiture…
   • § 1109 Where a grant is made upon condition subsequent, and is subsequently defeated by the non-performance of the condition, the person otherwise entitled to hold…
   • § [1110.] Section Eleven Hundred and Ten. An instrument purporting to be a grant of real property, to take effect upon condition precedent, passes the estate upon the…
   • § 1111 Grants of rents or of reversions or of remainders are good and effectual without attornments of the tenants; but no tenant who, before notice of the grant,…
   • § [1112.] Section Eleven Hundred and Twelve. A transfer of land, bounded by a highway, passes the title of the person whose estate is transferred to the soil of the…
   • § 1113 From the use of the word “grant” in any conveyance by which an estate of inheritance or fee simple is to be passed, the following covenants, and none other, on…
   • § [1114.] Section Eleven Hundred and Fourteen. The term “incumbrances” includes taxes, assessments, and all liens upon real property.
   • § 1115 Lineal and collateral warrantees, with all their incidents, are abolished; but the heirs and devisees of every person who has made any covenant or agreement in…
   • § 1133 (a) If a lot, parcel, or unit of a subdivision is subject to a blanket encumbrance, as defined in Section 11013 of the Business and Professions Code, but is…
   • § 1134 (a) As soon as practicable before transfer of title for the first sale of a unit in a residential condominium, community apartment project, or stock…