Bill Text: CA AB892 | 2019-2020 | Regular Session | Amended
Bill Title: Transfers of real property.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2019-09-20 - Chaptered by Secretary of State - Chapter 310, Statutes of 2019. [AB892 Detail]
Download: California-2019-AB892-Amended.html
Amended
IN
Senate
July 01, 2019 |
Amended
IN
Assembly
April 29, 2019 |
Amended
IN
Assembly
April 22, 2019 |
Amended
IN
Assembly
March 21, 2019 |
Assembly Bill | No. 892 |
Introduced by Assembly Member Holden |
February 20, 2019 |
LEGISLATIVE COUNSEL'S DIGEST
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.
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: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 1088 of the Civil Code is amended to read:1088.
(a) A listing may not be placed in a multiple listing service unless authorized or directed by the seller in the listing. If
SECTION 1.SEC. 2.
Section 1101.4 of the Civil Code is amended to read: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 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.SEC. 2.SEC. 3.
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.SEC. 3.SEC. 4.
Section 1102.2 of the Civil Code is amended to read:1102.2.
This article does not apply to the following:(l)
SEC. 4.SEC. 5.
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. 6.
Section 1102.6 of the Civil Code is amended to read: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 following disclosure form:(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.
(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.