onecle - legal research

Court Opinions

State Laws

US Code

US Constitution

California Civil Code Section 1133

Legal Research Home > California Laws > Civil Code > California Civil Code Section 1133

1133.  (a) If a lot, parcel, or unit of a subdivision is subject to
a blanket encumbrance, as defined in Section 11013 of the Business
and Professions Code, but is exempt from a requirement of compliance
with Section 11013.2 of the Business and Professions Code, the
subdivider, his or her agent, or representative, shall not sell, or
lease for a term exceeding five years, the lot, parcel, or unit, nor
cause it to be sold, or leased for a term exceeding five years, until
the prospective purchaser or lessee of the lot, parcel, or unit has
been furnished with and has signed a true copy of the following
notice:


   BUYER/LESSEE IS AWARE OF THE FACT THAT THE LOT, PARCEL, OR UNIT
WHICH HE OR SHE IS PROPOSING TO PURCHASE OR LEASE IS SUBJECT TO A
DEED OF TRUST, MORTGAGE, OR OTHER LIEN KNOWN AS A "BLANKET
ENCUMBRANCE."
   IF BUYER/LESSEE PURCHASES OR LEASES THIS LOT, PARCEL, OR UNIT, HE
OR SHE COULD LOSE THAT INTEREST THROUGH FORECLOSURE OF THE BLANKET
ENCUMBRANCE OR OTHER LEGAL PROCESS EVEN THOUGH BUYER/LESSEE IS NOT
DELINQUENT IN HIS OR HER PAYMENTS OR OTHER OBLIGATIONS UNDER THE
MORTGAGE, DEED OF TRUST, OR LEASE.
______   ________________
Date      Signature of
        Buyer or Lessee


   (b) "Subdivision," as used in subdivision (a), means improved or
unimproved land that is divided or proposed to be divided for the
purpose of sale, lease, or financing, whether immediate or future,
into two or more lots, parcels, or units and includes a condominium
project, as defined in Section 4125 or 6542, a community apartment
project, as defined in Section 4105, a stock cooperative, as defined
in Section 4190 or 6566, and a limited equity housing cooperative, as
defined in Section 4190.
   (c) The failure of the buyer or lessee to sign the notice shall
not invalidate any grant, conveyance, lease, or encumbrance.
   (d) Any person or entity who willfully violates the provisions of
this section shall be liable to the purchaser of a lot or unit which
is subject to the provisions of this section for actual damages, and,
in addition thereto, shall be guilty of a public offense punishable
by a fine in an amount not to exceed five hundred dollars ($500). In
an action to enforce the liability or fine, the prevailing party
shall be awarded reasonable attorney's fees.

Section: Previous  1104  1105  1106  1107  1108  1109  1110  1111  1112  1113  1114  1115  1133  1134  Next

Last modified: March 17, 2014