Bill Text: CA AB1289 | 2017-2018 | Regular Session | Amended
Bill Title: Real property disclosure requirements.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2018-09-29 - Chaptered by Secretary of State - Chapter 907, Statutes of 2018. [AB1289 Detail]
Download: California-2017-AB1289-Amended.html
Amended
IN
Senate
July 05, 2018 |
Amended
IN
Senate
June 19, 2018 |
Amended
IN
Senate
May 15, 2018 |
Amended
IN
Assembly
January 12, 2018 |
Amended
IN
Assembly
April 06, 2017 |
Assembly Bill | No. 1289 |
Introduced by Assembly Member Arambula |
February 17, 2017 |
LEGISLATIVE COUNSEL'S DIGEST
Under existing law, neither the transferor nor any listing or selling agent is required to be liable for any error, inaccuracy, or omission of any information delivered pursuant to these disclosure requirements if the error, inaccuracy, or omission was not within the personal knowledge of the transferor or that listing or selling agent, was based on information timely provided by public agencies or by certain licensed persons that is required to be disclosed, and ordinary care was exercised in obtaining and transmitting it.
When a licensed person responds to such a request, existing law authorizes an expert to indicate, in writing, an understanding that the information provided will be used in fulfilling the disclosure requirements, which relieves the expert from responsibility for any items of information other than those expressly set forth in the statement.
This bill would delete those provisions relating to expert responsibility.
Under existing law, if more than one licensed real estate broker is acting as an agent in a transaction, the broker who has obtained the offer made by the transferee is required to deliver the disclosure to the transferee, unless the transferor has given other written instructions for delivery.
If there is no real estate broker in a transaction, the bill would require the seller to deliver the disclosure to the
buyer.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 1086 of the Civil Code is amended to read:1086.
(a) 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 apply.SEC. 2.
Section 1087 of the Civil Code is amended to read:1087.
A multiple listing service (MLS) is a facility of cooperation of agents and appraisers, operating through an intermediary that does not itself act as an agent or appraiser, through which agents establish express or implied contracts for compensation betweenSEC. 3.
Section 1088 of the Civil Code is amended to read:1088.
A listing may not be placed in a multiple listing service unless authorized or directed by the seller in the listing.SEC. 4.
Section 1089 of the Civil Code is repealed.Nothing in this article shall preclude a listing agent from also being the buyer’s agent.
Nothing in Assembly Bill 1289 of the 2017–2018 Regular Session or in Assembly Bill 2884 of the 2017–18 Regular Session shall be construed to affect any agency relationships in a real estate transaction or a fiduciary’s responsibilities and obligations to disclose information relative to a real estate transaction pursuant to this article, Article 1.5 (commencing with Section 1102) of Chapter 2, or Article 2 (commencing with Section 2079) of Chapter 3 of Title 6 of Part 4 of Division 3.
SEC. 5.
Section 1089 is added to the Civil Code, to read:1089.
The provisions of subdivision (d) of Section 1102.1 shall apply to this article.SEC. 6.
Section 1090 of the Civil Code is repealed.Nothing in this article shall preclude a listing agent from also being the selling agent.
SEC. 7.
Section 1102 of the Civil Code is amended to read:1102.
(a) Except as provided in Section 1102.2, this article applies to anySEC. 8.
Section 1102.1 of the Civil Code is amended to read: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 statement, as specified in Section 1102.6. The Legislature intended the statement to be used by transferors making disclosures required under this article and by agents making disclosures required by Section 2079 on the agent’s portion of the real estate disclosure statement, in transfers subject to this article. In transfers not subject to this article, agents may make required disclosures in a separate writing. The Legislature did not intend to affect the existing obligations of the parties to a real estate contract, or their agents, to disclose any fact materially affecting the value and desirability of the property, including, but not limited to, the physical conditions of the property and previously received reports of physical inspections noted on the disclosure form set forth in Section 1102.6 or 1102.6a, and that nothing in this article shall be construed to change the duty of a real estate broker or salesperson pursuant to Section 2079.SEC. 8.SEC. 9.
Section 1102.2 of the Civil Code is amended to read:1102.2.
This article does not apply to the following:SEC. 9.SEC. 10.
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:SEC. 10.SEC. 11.
Section 1102.4 of the Civil Code is amended to read:1102.4.
(a) Neither the seller nor anySEC. 11.SEC. 12.
Section 1102.5 of the Civil Code is amended to read:1102.5.
If information disclosed in accordance with this article is subsequently rendered inaccurate as a result of any act, occurrence, or agreement subsequent to the delivery of the required disclosures, any inaccuracy resulting therefrom does not constitute a violation of this article. If at the time the disclosures are required to be made, an item of information required to be disclosed is unknown or not available to the seller, and the seller or his or her agent has made a reasonable effort to ascertain it, the seller may use an approximation of the information, provided the approximation is clearly identified as such, is reasonable, is based on the best information reasonably available to the seller or his or her agent, and is not used for the purpose of circumventing or evading this article.SEC. 12.SEC. 13.
Section 1102.6a of the Civil Code is amended to read: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 required by Section 1102.6. However, this section does not affect or limit the authority of a city or county to require disclosures on a different disclosure form in connection with transactions subject to this article pursuant to an ordinance adopted prior to July 1, 1990. An ordinance like this adopted prior to July 1, 1990, may be amended thereafter to revise the disclosure requirements of the ordinance, in the discretion of the city council or county board of supervisors.SEC. 13.SEC. 14.
Section 1102.6b of the Civil Code is amended to read:1102.6b.
(a) This section applies to all sales of real property for which all of the following apply:SEC. 14.SEC. 15.
Section 1102.6c of the Civil Code is amended to read: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 this article, or his or her agent, to deliver to the prospective buyer a disclosure notice that includes both of the following:SEC. 15.SEC. 16.
Section 1102.9 of the Civil Code is amended to read: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 or 1102.3a.(a)In a real estate transaction subject to this article, a buyer’s agent or a dual agent shall, except as otherwise provided in this article, deliver the disclosure required by this article to the buyer, unless the seller has given other written instructions for delivery. If there is no real estate broker in a transaction, the seller shall deliver the disclosure required by this article to the buyer.
(b)If a 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 buyer that the disclosure has been received, the broker shall advise the
buyer in writing of his or her rights to the disclosure. A 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.
SEC. 17.
Section 1102.14 of the Civil Code is repealed.SEC. 18.
Section 1102.155 of the Civil Code is amended to read: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 single-family residences be equipped with water-conserving plumbing fixtures on orNothing in Assembly Bill 1289 of the 2017–2018 Regular Session or in Assembly Bill 2884 of the 2017–18 Regular Session shall be construed to affect any agency relationships in a real estate transaction or a fiduciary’s responsibilities and obligations to disclose information relative to a real estate transaction pursuant to Article 6 (commencing with Section 1086) of Chapter 1, Article 1.5 (commencing with Section 1102), or Article 2 (commencing with Section 2079) of Chapter 3 of Title 6 of Part 4 of Division 3.
SEC. 19.
Section 1102.18 is added to the Civil Code, to read:1102.18.
The provisions of subdivision (d) of Section 1102.1 shall apply to this article.SEC. 20.
Section 1103 of the Civil Code is amended to read: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 shall apply.(c)Except as provided in Section 1103.1, this article applies to a resale transaction entered into on or after January 1, 2000, for a manufactured home, as defined in Section 18007 of the Health and Safety Code, that is classified as personal property intended for use as a residence, or a mobilehome, as defined in Section 18008 of the Health and Safety Code, that is classified as personal property intended for use as a residence, if the real property on which the manufactured home or mobilehome is located is real property described in subdivision (d).
(d)
(e)
SEC. 21.
Section 1103.1 of the Civil Code is amended to read:1103.1.
(a) This article does not apply to the following sales:SEC. 22.
Section 1103.2 of the Civil Code is amended to read: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 HAZARD DISCLOSURE STATEMENT | |
This statement applies to the following property: | |
The seller and the seller’s agent(s) or a third-party consultant disclose the following information with the knowledge that even though this is not a warranty, prospective buyers may rely on this information in deciding whether and on what terms to purchase the subject property. Seller hereby authorizes any agent(s) representing any principal(s) in this action to provide a copy of this statement to any person or entity in connection with any actual or anticipated sale of the property. | |
The following are representations made by the seller and the seller’s agent(s) based on their knowledge and maps drawn by the state and federal governments. This information is a
disclosure and is not intended to be part of any contract between the seller and buyer. | |
THIS REAL PROPERTY LIES WITHIN THE FOLLOWING HAZARDOUS AREA(S): | |
A SPECIAL FLOOD HAZARD AREA (Any type Zone “A” or “V”) designated by the Federal Emergency Management Agency. | |
Yes ____ No ____ Do not know and _____ information not _____ available from local _____ jurisdiction ____ | |
AN AREA OF POTENTIAL FLOODING shown on a dam failure inundation map pursuant to Section 8589.5 of the Government Code. | |
Yes ____ No ____ Do not know and _____ information not _____ available from local _____ jurisdiction ____ | |
A VERY HIGH FIRE HAZARD SEVERITY ZONE pursuant to Section 51178 or 51179 of the Government Code. The owner of this property is subject to the maintenance requirements of Section 51182 of the Government Code. | |
Yes ____ No ____ | |
A WILDLAND AREA THAT MAY CONTAIN SUBSTANTIAL FOREST
FIRE RISKS AND HAZARDS pursuant to Section 4125 of the Public Resources Code. The owner of this property is subject to the maintenance requirements of Section 4291 of the Public Resources Code. Additionally, it is not the state’s responsibility to provide fire protection services to any building or structure located within the wildlands unless the Department of Forestry and Fire Protection has entered into a cooperative agreement with a local agency for those purposes pursuant to Section 4142 of the Public Resources Code. | |
Yes ____ No ____ | |
AN EARTHQUAKE FAULT ZONE pursuant to Section 2622 of the Public Resources Code. | |
Yes ____ No ____ | |
A SEISMIC HAZARD ZONE pursuant to Section 2696 of the Public Resources Code. | |
Yes (Landslide Zone)____________ Yes (Liquefaction Zone) ______ No ____ Map not yet released by state ____ | |
THESE HAZARDS MAY LIMIT YOUR ABILITY TO DEVELOP THE REAL PROPERTY, TO OBTAIN INSURANCE, OR TO RECEIVE ASSISTANCE AFTER A DISASTER. | |
THE MAPS ON WHICH THESE DISCLOSURES ARE BASED ESTIMATE WHERE NATURAL HAZARDS EXIST. THEY ARE NOT DEFINITIVE INDICATORS OF WHETHER OR NOT A PROPERTY WILL BE AFFECTED BY A NATURAL DISASTER. SELLER(S) AND BUYER(S) MAY WISH TO OBTAIN PROFESSIONAL ADVICE REGARDING THOSE HAZARDS AND OTHER HAZARDS THAT MAY AFFECT THE PROPERTY. |
Signature of Seller(s) | Date |
Signature of Seller(s) | Date |
Seller’s Agent(s) | Date |
Seller’s Agent(s) | Date |
Check only one of the following:
_____
| |
◻ Seller(s) and their agent(s) represent that the information herein is true and correct to the best of their knowledge as of the date signed by the transferor(s) and agent(s). | |
_____
| |
◻ Seller(s) and their agent(s) acknowledge that they have exercised good faith in the selection of a third-party report provider as required in Section 1103.7 of the Civil Code, and that the representations made in this Natural Hazard Disclosure Statement are based upon information provided by the independent third-party disclosure provider as a substituted disclosure pursuant to Section 1103.4 of the Civil Code. Neither seller(s) nor their agent(s) (1) has independently verified the information contained in this statement and report or (2) is personally aware of any errors or inaccuracies in the information contained on the statement. This statement was prepared by the provider below: | |
Third-Party Disclosure Provider(s) | Date |
Buyer represents that he or she has read and understands this document. Pursuant to Civil Code Section 1103.8, the representations made in this Natural Hazard Disclosure Statement do not constitute all of the seller’s or agent’s disclosure obligations in this transaction. | |
Signature of Buyer(s) | Date |
Signature of Buyer(s) | Date |
SEC. 23.
Section 1103.3 of the Civil Code is amended to read: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:SEC. 24.
Section 1103.4 of the Civil Code is amended to read:1103.4.
(a) Neither the seller nor anyNOTICE OF AIRPORT IN VICINITY | |
This property is presently located in the vicinity of an airport, within what is known as an airport influence area. For that reason, the property may be subject to some of the annoyances or inconveniences associated with proximity to airport operations (for example: noise, vibration, or odors). Individual sensitivities to those annoyances can vary from person to person. You may wish to consider what airport annoyances, if any, are associated with the property before you complete your purchase and determine whether they are acceptable to you. |
NOTICE OF SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION JURISDICTION
SEC. 25.
Section 1103.5 of the Civil Code is amended to read: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 information. The seller and the seller’s agent shall not be required to provide notice to the prospective buyer if the information provided subsequently becomes inaccurate as a result of any governmental action, map revision, changed information, or other act or occurrence, unless the seller or agent has actual knowledge that the information has become inaccurate.SEC. 26.
Section 1103.8 of the Civil Code is amended to read: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 that may exist in order to avoid fraud, misrepresentation, or deceit in the sale transaction. The Legislature does not intend to affect the existing obligations of the parties to a real estate contract, or their agents, to disclose any fact materially affecting the value and desirability of the property, including, but not limited to, the physical condition of the property and previously received reports of physical inspection noted on the disclosure form provided pursuant to Section 1102.6 or 1102.6a.SEC. 27.
Section 1103.9 of the Civil Code is amended to read: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 1103.3.(a)In a real estate transaction subject to this article, a buyer’s broker or a dual broker shall, except as otherwise provided in this article, deliver the disclosure required by this article to the buyer, unless the seller has given other written instructions for delivery. If there is only one real estate broker in a transaction subject to this article, that real estate broker shall deliver the disclosure required by this article to the buyer. If there is no real estate broker in a transaction, the seller shall deliver the disclosure required by this article to the buyer.
(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 buyer that the disclosure has been received, the broker shall advise the buyer in writing of the buyer’s 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.
SEC. 29.SEC. 28.
Section 1103.14 of the Civil Code is repealed.Nothing in Assembly Bill 1289 of the 2017–2018 Regular Session or in Assembly Bill 2884 of the 2017–18 Regular Session shall be construed to affect any agency relationships in a real estate transaction or a fiduciary’s responsibilities and obligations to disclose information relative to a real estate transaction pursuant to Article 6 (commencing with Section 1086) of Chapter 1, Article 1.5 (commencing with Section 1102), or Article 2 (commencing with Section 2079) of Chapter 3 of Title 6 of Part 4 of Division 3.
SEC. 29.
Section 1103.15 is added to the Civil Code, to read:1103.15.
The provisions of subdivision (d) of Section 1102.1 shall apply to this article.SEC. 31.SEC. 30.
Section 2079 of the Civil Code is amended to read:2079.
(a) It is the duty of a real estate broker or salesperson, licensed under Division 4 (commencing with Section 10000) of the Business and Professions Code, to a prospective buyer of single-family residential real propertySEC. 32.SEC. 31.
Section 2079.6 of the Civil Code is amended to read:2079.6.
This article does not apply to sales which are required to be preceded by the furnishing, to a prospective buyer, of a copy of a public report pursuant to Section 11018.1 or Section 11234 of the Business and Professions Code and sales that can be made without a public report pursuant to Section 11010.4 of the Business and Professions Code, unless the property has been previously occupied.SEC. 33.SEC. 32.
Section 2079.7 of the Civil Code is amended to read:2079.7.
(a) If a consumer information booklet described in Section 10084.1 of the Business and Professions Code is delivered to a buyer in connection with the sale of real property, including property specified in Section 1102 of the Civil Code, or manufactured housing, as defined in Section 18007 of the Health and Safety Code, a seller or broker is not required to provide additional information concerning, and the information shall be deemed to be adequate to inform the buyer regarding, common environmental hazards, as described in the booklet, that can affect real property.SEC. 34.SEC. 33.
Section 2079.8 of the Civil Code is amended to read:2079.8.
(a) If a Homeowner’s Guide to Earthquake Safety described in Section 10149 of the Business and Professions Code is delivered to a buyer in connection with the sale of real property, including property specified in Section 1102 or under Chapter 7.5 (commencing with Section 2621) of Division 2 of the Public Resources Code, a seller or broker is not required to provide additional information concerning, and the information shall be deemed to be adequate to inform the buyer regarding, geologic and seismic hazards, in general, as described in the guide, that may affect real property and mitigating measures that the buyer or seller might consider.SEC. 35.SEC. 34.
Section 2079.9 of the Civil Code is amended to read:2079.9.
(a) If a Commercial Property Owner’s Guide to Earthquake Safety described in Section 10147 of the Business and Professions Code is delivered to a buyer in connection with the sale of real property, including property specified in Section 1102 or under Chapter 7.5 (commencing with Section 2621) of Division 2 of the Public Resources Code, a seller or broker is not required to provide additional information concerning, and the information shall be deemed to be adequate to inform the buyer regarding, geologic and seismic hazards, in general, as described in the guide, that may affect real property and mitigating measures that the buyer or seller might consider.SEC. 36.SEC. 35.
Section 2079.10 of the Civil Code is amended to read:2079.10.
(a) If the informational booklet published pursuant to Section 25402.9 of the Public Resources Code, concerning the statewide home energy rating program adopted pursuant to Section 25942 of the Public Resources Code, is delivered to a buyer in connection with the sale of real property, including, but not limited to, property specified in Section 1102, manufactured homes as defined in Section 18007 of the Health and Safety Code, and property subject to Chapter 7.5 (commencing with Section 2621) of Division 2 of the Public Resources Code, the seller or broker is not required to provide information additional to that contained in the booklet concerning home energy ratings, and the information in the booklet shall be deemed to be adequate to inform the buyer about the existence of a statewide home energy rating program.SEC. 37.SEC. 36.
Section 2079.10.5 of the Civil Code is amended to read:2079.10.5.
(a) Every contract for the sale of single-family residential real property entered into on or after July 1, 2013, shall contain, in not less than 8-point type, a notice as specified below:SEC. 38.SEC. 37.
Section 2079.10a of the Civil Code is amended to read:2079.10a.
(a) Every lease or rental agreement for single-family residential real property entered into on or after July 1, 1999, any leasehold interest in real property consisting of multiunit residential property with more than four dwelling units entered into after that date, and every contract for the sale of residential real property comprised of one to four dwelling units entered into on or after that date, shall contain, in not less than 8-point type, a notice as specified in paragraph (1), (2), or (3).SEC. 39.SEC. 38.
Section 2079.13 of the Civil Code is amended to read:2079.13.
As used in Sections 2079.7 and 2079.14 to 2079.24, inclusive, the following terms have the following meanings:(b)“Associate licensee” means a person who is licensed as a real estate broker or salesperson under Chapter 3 (commencing with Section 10130) of Part 1 of
Division 4 of the Business and Professions Code and who is either licensed under a broker or has entered into a written contract with a broker to act as the broker’s agent in connection with acts requiring a real estate license and to function under the broker’s supervision in the capacity of an associate licensee.
(c)
(d)
(e)
(f)
(g)“Listing
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)“Selling agent” and “buyer’s
SEC. 40.SEC. 39.
Section 2079.14 of the Civil Code is amended to read:2079.14.
SEC. 41.SEC. 40.
Section 2079.15 of the Civil Code is amended to read:2079.15.
In any circumstance in which the seller or buyer refuses to sign an acknowledgment of receipt pursuant to Section 2079.14, theSEC. 42.SEC. 41.
Section 2079.16 of the Civil Code is amended to read:2079.16.
The disclosure form required by Section 2079.14 shall have Sections 2079.13 to 2079.24, inclusive, excluding this section, printed on the back, and on the front of the disclosure form the following shall appear:DISCLOSURE REGARDING
REAL ESTATE AGENCY RELATIONSHIP
(As required by the Civil Code)
SELLER’S AGENT
To the Seller:
To the Buyer and the Seller:
BUYER’S AGENT
To the Buyer:
To the Buyer and the Seller:
AGENT REPRESENTING BOTH SELLER AND BUYER
SELLER AND BUYER RESPONSIBILITIES
Agent(date) | Buyer/Seller(date) |
(Signature) | |
Buyer/Seller(date) | |
(Signature) | (Signature) |
SEC. 43.SEC. 42.
Section 2079.17 of the Civil Code is amended to read:2079.17.
(a) As soon as practicable, the buyer’s agent shall disclose to the buyer and seller whether the agent is acting in the real property transaction as the buyer’s agent, or as a dual agent representing both the buyer and the seller. This relationship shall be confirmed in the contract to purchase and sell real property or in a separate writing executed or acknowledged by the seller, the buyer, and the buyer’s agent prior to or coincident with execution of that contract by the buyer and the seller, respectively. (Name of Seller’s is the broker of (check one): | |
[ ]the seller; or | |
[ ]both the buyer and seller. (dual | |
(Name of Seller’s Agent and license number)
_____
is (check one): | |
[ ]is the Seller’s Agent. (salesperson or broker associate) | |
[ ]is both the Buyer’s and Seller’s Agent. (dual agent) | |
_____
(Name of Buyer’s is the broker of (check one): | |
[ ]the buyer; or | |
[ ]both the buyer and seller. (dual | |
(Name of Buyer’s Agent and license number)
_____
is (check one): | |
[ ]the Buyer’s Agent. (salesperson or broker associate) | |
[ ]both the Buyer’s and Seller’s Agent. (dual agent) |
SEC. 44.SEC. 43.
Section 2079.18 of the Civil Code is repealed.SEC. 45.SEC. 44.
Section 2079.21 of the Civil Code is amended to read:2079.21.
(a) A dual agent may not, without the express permission of the seller, disclose to the buyer any confidential information obtained from the seller.SEC. 46.SEC. 45.
Section 2079.22 of the Civil Code is amended to read:2079.22.
Nothing in this article precludes a seller’s agent from also being a buyer’s agent. If a seller or buyer in a transaction chooses to not be represented by an agent, that does not, of itself, make that agent a dual agent.Nothing in Assembly Bill 1289 of the 2017–2018 Regular Session or in Assembly Bill 2884 of the 2017–18 Regular Session shall be construed to affect any agency relationships in a real estate transaction or a fiduciary’s responsibilities and obligations to disclose information relative to a real estate transaction pursuant to Article 6 (commencing with Section 1086) of Chapter 1 of Title 4 of Part 4 of Division 2 of, Article 1.5 (commencing with Section 1102) of Chapter 2 of Title 4 of Part 4 of Division 2 of, or Article 2 (commencing with Section 2079).