Code Section

Civil Code - CIV

DIVISION 2. PROPERTY [654 - 1422]

  ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. )


  ( Part 4 enacted 1872. )

TITLE 4. TRANSFER [1039 - 1231]

  ( Title 4 enacted 1872. )

CHAPTER 2. Transfer of Real Property [1091 - 1134]

  ( Chapter 2 enacted 1872. )

ARTICLE 1.7. Disclosure of Natural and Environmental Hazards, Right-to-Farm, and Other Disclosures Upon Transfer of Residential Property [1103 - 1103.15]
  ( Heading of Article 1.7 amended by Stats. 2008, Ch. 686, Sec. 2. )


(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:

(1) In the case of a sale, as soon as practicable before transfer of title.

(2) In the case of a sale by a real property sales contract, as defined in Section 2985, or by a lease together with an option to purchase, or a ground lease coupled with improvements, as soon as practicable before the prospective buyer’s execution of the contract. For the purpose of this subdivision, “execution” means the making or acceptance of an offer.

(b) The seller shall indicate compliance with this article either on the real property sales contract, the lease, any addendum attached thereto, or on a separate document.

(c) If any disclosure, or any material amendment of any disclosure, required to be made pursuant to this article is delivered after the execution of an offer to purchase, the prospective buyer shall have three days after delivery in person, five days after delivery by deposit in the mail, or five days after delivery of an electronic record in transactions where the parties have agreed to conduct the transaction by electronic means, pursuant to provisions of the Uniform Electronic Transactions Act (Title 2.5 (commencing with Section 1633.1) of Part 2 of Division 3), to terminate his or her offer by delivery of a written notice of termination to the seller or the seller’s agent.

(Amended by Stats. 2018, Ch. 907, Sec. 23. (AB 1289) Effective January 1, 2019.)