Today's Law As Amended

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AB-20 Construction defect actions: attorneys.(2011-2012)



SECTION 1.

 Section 6106.4 is added to the Business and Professions Code, to read:

6106.4.
 (a) An attorney who solicits or consults with a client or potential client for purposes of filing an action for defects in the design or construction of an improvement to residential real property shall, at the time of the solicitation or consultation, provide the client or potential client with a written notice that includes, but is not limited to, all of the following information:
(1) There is no guarantee of financial recovery from the action.
(2) Any funds recovered from the action may first be used to satisfy liens on the property.
(3) A description of the responsibility of a seller of real property to disclose facts materially affecting the value or desirability of the property. This description shall explain the particular disclosures required under Section 1102.6 of the Civil Code, including, but not limited to, a seller’s duty to disclose any lawsuits by or against the seller threatening to or affecting the property. This paragraph shall not apply where the client or potential client is an association, as defined in subdivision (a) of Section 1351 of the Civil Code.
(4) A description of the disclosures that the client is required to make to association members under Chapter 9 (commencing with Section 1375) of Title 6 of Part 4 of Division 2 of the Civil Code. This paragraph shall only apply where the client or potential client is an association, as defined in subdivision (a) of Section 1351 of the Civil Code.
(b) It shall constitute cause for the imposition of discipline of an attorney within the meaning of this chapter for an attorney to fail to comply with this section.
(c) For purposes of this section, “action for defects in the design or construction of an improvement to residential real property” includes, but is not limited to, an action subject to Title 7 (commencing with Section 895) of Part 2 of Division 2 of the Civil Code and an action described in Section 1375 of the Civil Code.