California Civil Code. California
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Название: California Civil Code
Автор: California
Издательство: Проспект
Жанр: Юриспруденция, право
isbn: 9785392109821
isbn:
(Added by Stats. 1999, Ch. 876, Sec. 3. Effective January 1, 2000.)
1103.9. Any disclosure made pursuant to this article may be amended in writing by the transferor or his or her agent, but the amendment shall be subject to Section 1103.3.
(Added by Stats. 1999, Ch. 876, Sec. 3. Effective January 1, 2000.)
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 this article, delivery to the spouse of a transferee shall be deemed delivery to the transferee, unless provided otherwise by contract.
(Added by Stats. 1999, Ch. 876, Sec. 3. Effective January 1, 2000.)
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 Professions Code, acting in the capacity of an escrow agent for the transfer of real property subject to this article shall not be deemed the agent of the transferor or transferee for purposes of the disclosure requirements of this article, unless the person or entity is empowered to so act by an express written agreement to that effect. The extent of that agency shall be governed by the written agreement.
(Added by Stats. 1999, Ch. 876, Sec. 3. Effective January 1, 2000.)
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 the transferee shall, except as otherwise provided in this article, deliver the disclosure required by this article to the transferee, unless the transferor has given other written instructions for delivery.
(b) If a licensed real estate broker responsible for delivering the disclosures under this section cannot obtain the disclosure document required and does not have written assurance from the transferee that the disclosure has been received, the broker shall advise the transferee in writing of his or her rights to the disclosure. A licensed real estate broker responsible for delivering disclosures under this section shall maintain a record of the action taken to effect compliance in accordance with Section 10148 of the Business and Professions Code.
(Added by Stats. 1999, Ch. 876, Sec. 3. Effective January 1, 2000.)
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 person who willfully or negligently violates or fails to perform any duty prescribed by any provision of this article shall be liable in the amount of actual damages suffered by a transferee.
(Added by Stats. 1999, Ch. 876, Sec. 3. Effective January 1, 2000.)
1103.14. (a) As used in this article, “listing agent” means listing agent as defined in subdivision (f) of Section 1086.
(b) As used in this article, “selling agent” means selling agent as defined in subdivision (g) of Section 1086, exclusive of the requirement that the agent be a participant in a multiple listing service as defined in Section 1087.
(Added by Stats. 1999, Ch. 876, Sec. 3. Effective January 1, 2000.)
ARTICLE 1.8. Buyer’s Choice Act [1103.20 — 1103.22]
(Article 1.8 added by Stats. 2009, Ch. 264, Sec. 1.)
1103.20. This article shall be known, and may be cited, as the Buyer’s Choice Act.
(Added by Stats. 2009, Ch. 264, Sec. 1. Effective October 11, 2009.)
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 recent troubled real estate market has resulted in a concentration of the majority of homes available for resale within the hands of foreclosing lenders and has dramatically changed the market dynamics affecting ordinary home buyers.
(3) Preserving the fair negotiability of contract terms is an important policy goal to be preserved in real estate transactions.
(4) The potential for unfairness occasioned by the resale of large numbers of foreclosed homes on the market requires that protections against abuses be made effective immediately.
(5) The federal Real Estate Settlement Procedures Act (RESPA) creates general rules for fair negotiation of settlement services, prohibits kickbacks and specifically prohibits a seller in a federally related transaction from requiring a buyer to purchase title insurance from a particular insurer.
(6) California law does not specifically prohibit a seller from imposing, as a condition of sale of a foreclosed home, the purchase of title insurance or escrow services from a particular insurer or provider.
(7) Therefore it is necessary to add this act to California law to provide to a home buyer protection that follows the RESPA model and applies to, and prevents, the conditioning of a sale of a foreclosed home on the buyer’s purchase of title insurance from a particular insurer or title company and/or the buyer’s purchase of escrow services from a particular provider.
(b) It is the intent of the Legislature that, for the purpose of this act, the sale of a residential real property is deemed to include the receipt of an offer to purchase that residential real property.
(Added by Stats. 2009, Ch. 264, Sec. 1. Effective October 11, 2009.)
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 property, that title insurance covering the property or escrow service provided in connection with the sale of the property be purchased by the buyer from a particular title insurer or escrow agent. This section does not prohibit a buyer from agreeing to accept the services of a title insurer or an escrow agent recommended by the seller if written notice of the right to make an independent selection of those services is first provided by the seller to the buyer.
(b) For purposes of this section:
(1) Escrow service” means service provided by a person licensed pursuant to Division 6 (commencing with Section 17000) of the Financial Code, or exempt from licensing pursuant to Section 17006 of the Financial Code.
(2) “Seller” means a mortgagee or beneficiary under a deed of trust who acquired title to residential real property improved by four or fewer dwelling units at a foreclosure sale, including a trustee, agent, officer, or other employee of any such mortgagee or beneficiary.
(3) “Title insurance” means insurance offered by an insurer admitted in this state to transact title insurance pursuant to Chapter 1 (commencing with Section 12340) of Part 6 of the Insurance Code.
(c) A seller who violates this section shall be liable to a buyer in an amount equal to three times all charges made for the title insurance or escrow service. In addition, any person who violates this section shall be deemed to have violated his or her license law and shall be subject to discipline by his or her licensing entity.
(d) A transaction subject to this section shall not be invalidated solely because of the failure of any person to comply with any provision of this act.
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