California Civil Code. California
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Название: California Civil Code

Автор: California

Издательство: Проспект

Жанр: Юриспруденция, право

Серия:

isbn: 9785392109821

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СКАЧАТЬ single document that complies with subdivision (b) and with Section 1098.5.

      (b) The information in paragraph (9) of subdivision (a) shall be set forth in a single document and shall not be incorporated by reference from any other document.

      (Amended by Stats. 2015, Ch. 634, Sec. 1. Effective January 1, 2016.)

      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 January 1, 2009, shall record, on or before December 31, 2008, against the real property in the office of the county recorder for the county in which the real property is located a separate document that meets all of the following requirements:

      (1) The title of the document shall be “Payment of Transfer Fee Required” in at least 14-point boldface type.

      (2) The document shall include all of the following information:

      (A) The names of all current owners of the real property subject to the transfer fee, and the legal description and assessor’s parcel number for the affected real property.

      (B) The amount, if the fee is a flat amount, or the percentage of the sales price constituting the cost of the fee.

      (C) If the real property is residential property, actual dollar-cost examples of the fee for a home priced at two hundred fifty thousand dollars ($250,000), five hundred thousand dollars ($500,000), and seven hundred fifty thousand dollars ($750,000).

      (D) The date or circumstances under which the transfer fee payment requirement expires, if any.

      (E) The purpose for which the funds from the fee will be used.

      (F) The entity to which funds from the fee will be paid and specific contact information regarding where the funds are to be sent.

      (G) The signature of the authorized representative of the entity to which funds from the fee will be paid.

      (b) When a transfer fee, as defined in Section 1098, is imposed upon real property on or after January 1, 2008, the person or entity imposing the transfer fee, as a condition of payment of the fee, shall record in the office of the county recorder for the county in which the real property is located, concurrently with the instrument creating the transfer fee requirement, a separate document that meets all of the following requirements:

      (1) The title of the document shall be “Payment of Transfer Fee Required” in at least 14-point boldface type.

      (2) The document shall include all of the following information:

      (A) The names of all current owners of the real property subject to the transfer fee, and the legal description and assessor’s parcel number for the affected real property.

      (B) The amount, if the fee is a flat amount, the percentage of the sales price constituting the cost of the fee, or the method for calculating the amount.

      (C) If the real property is residential property and the amount of the fee is based on the price of the real property, actual dollar-cost examples of the fee for a home priced at two hundred fifty thousand dollars ($250,000), five hundred thousand dollars ($500,000), and seven hundred fifty thousand dollars ($750,000).

      (D) The date or circumstances under which the transfer fee payment requirement expires, if any.

      (E) The purpose for which the funds from the fee will be used.

      (F) The entity to which funds from the fee will be paid and specific contact information regarding where the funds are to be sent.

      (G) The signature of the authorized representative of the entity to which funds from the fee will be paid.

      (c) The recorder shall only be responsible for examining that the document required by subdivision (a) or (b) contains the information required by subparagraphs (A), (F), and (G) of paragraph (2) of subdivision (a) or (b). The recorder shall index the document under the names of the persons and entities identified in subparagraphs (A) and (F) of paragraph (2) of subdivision (a) or (b). The recorder shall not examine any other information contained in the document required by subdivision (a) or (b).

      (Amended by Stats. 2015, Ch. 634, Sec. 2. Effective January 1, 2016.)

      1099. (a) As soon as practical before transfer of title of any real property or the execution of a real property sales contract as defined in Section 2985, the transferor, fee owner, or his agent, shall deliver to the transferee a copy of a structural pest control inspection report prepared pursuant to Section 8516 of the Business and Professions Code upon which any certification in accordance with Section 8519 of the Business and Professions Code may be made, provided that certification or preparation of a report is a condition of the contract effecting that transfer, or is a requirement imposed as a condition of financing such transfer.

      (b) If a notice of work completed as contemplated by Section 8518 of the Business and Professions Code, indicating action by a structural pest control licensee in response to an inspection report delivered or to be delivered under provisions of subdivision (a), or a certification pursuant to Section 8519 of the Business and Professions Code, has been received by a transferor or his agent before transfer of title or execution of a real property sales contract as defined in Section 2985, it shall be furnished to the transferee as soon as practical before transfer of title or the execution of such real property sales contract.

      (c) Delivery to a transferee as used in this section means delivery in person or by mail to the transferee himself or any person authorized to act for him in the transaction or to such additional transferees who have requested such delivery from the transferor or his agent in writing. For the purposes of this section, delivery to either husband or wife shall be deemed delivery to a transferee, unless the contract affecting the transfer states otherwise.

      (d) No transfer of title of real property shall be invalidated solely because of the failure of any person to comply with the provisions of this section unless such failure is an act or omission which would be a valid ground for rescission of such transfer in the absence of this section.

      (Added by Stats. 1974, Ch. 649.)

      ARTICLE 1.4. Installation of Water Use Efficiency Improvements [1101.1 — 1101.8]

      (Article 1.4 added by Stats. 2009, Ch. 587, Sec. 1.)

      1101.1. The Legislature finds and declares all of the following:

      (a) Adequate water supply reliability for all uses is essential to the future economic and environmental health of California.

      (b) Environmentally sound strategies to meet future water supply and wastewater treatment needs are key to protecting and restoring aquatic resources in California.

      (c) There is a pressing need to address water supply reliability issues raised by growing urban areas.

      (d) Economic analysis by urban water agencies has identified urban water conservation as a cost-effective approach to addressing water supply needs.

      (e) There are many water conservation practices that produce significant energy and other resource savings that should be encouraged as a matter of state policy.

      (f) Since the 1991 signing of the “Memorandum of Understanding Regarding Urban Water Conservation in California,” many urban water and wastewater treatment agencies have СКАЧАТЬ