An estate in real property, other than an estate at will or for a term not exceeding one year, can be transferred only by operation of law, or by an instrument in writing, subscribed by the party disposing of the same, or by his agent thereunto authorized by writing.
Article 1Mode of Transfer
Section § 1091
In California, if you want to transfer ownership of real estate that lasts longer than one year, you must do it in writing. This means either the actual owner or their authorized agent needs to sign a written document to make the transfer legal.
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Section § 1092
This law outlines how a person can grant or transfer property to someone else in California. It includes a sample text for what the document should say, such as who is granting the property, who is receiving it, and details about the property being transferred. The document should be signed by the grantor, who is the person giving away the property.
A grant of an estate in real property may be made in substance as follows:
“I, A B, grant to C D all that real property situated in (insert name of county) County, State of California, bounded (or described) as follows: (here insert property description, or if the land sought to be conveyed has a descriptive name, it may be described by the name, as for instance, ‛The Norris Ranch.’)
Witness my hand this (insert day) day of (insert month),
20___.
20___.
_____
AB”
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Section § 1093
If someone combines different legal descriptions of property into one document, like a deed or mortgage, it doesn't change the fact that they are still separate properties unless the original property owner has explicitly stated otherwise in writing. This law is just confirming what the existing law already says and doesn't introduce any changes.
Absent the express written statement of the grantor contained therein, the consolidation of separate and distinct legal descriptions of real property contained in one or more deeds, mortgages, patents, deeds of trust, contracts of sale, or other instruments of conveyance or security documents, into a subsequent single deed, mortgage, patent, deed of trust, contract of sale, or other instrument of conveyance or security document (whether by means of an individual listing of the legal descriptions in a subsequent single instrument of conveyance or security document, or by means of a consolidated legal description comprised of more than one previously
separate and distinct legal description), does not operate in any manner to alter or affect the separate and distinct nature of the real property so described in the subsequent single instrument of conveyance or security document containing either the listing of or the consolidated legal description of the parcels so conveyed or secured thereby.
This section does not constitute a change in, but is declaratory of, the existing law.
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Section § 1095
When someone acts as an attorney in fact, which means they have the legal authority to act on behalf of another person, and they need to sign a document that transfers real estate, they're required to sign the person's name they're representing along with their own name.
When an attorney in fact executes an instrument transferring an estate in real property, he must subscribe the name of his principal to it, and his own name as attorney in fact.
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Section § 1096
If you own real estate and your name changes, any new document transferring that real estate must include your old name, the one you originally used to get the property. If the document doesn’t do this, it won't officially warn future buyers or lenders about its details. However, the document is still valid between the person selling or transferring and the person receiving if they know about it.
Any person in whom the title of real estate is vested, who shall afterwards, from any cause, have his or her name changed, must, in any conveyance of said real estate so held, set forth the name in which he or she derived title to said real estate. Any conveyance, though recorded as provided by law, which does not comply with the foregoing provision shall not impart constructive notice of the contents thereof to subsequent purchasers and encumbrancers, but such conveyance is valid as between the parties thereto and those who have notice thereof.
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Section § 1097
When you're buying or leasing a single-family home in California, the seller or landlord can't charge you more than $10 for signing and delivering any documents related to the transfer or sale of the property. This rule only applies to future contracts.
No vendor or lessor of a single family residential property shall contract for or exact any fee in excess of ten dollars ($10) for the act of signing and delivering a document in connection with the transfer, cancellation or reconveyance of any title or instrument at the time the buyer or lessee exercises an option to buy, or completes performance of the contract for the sale of, the property.
The provisions of this section shall apply prospectively only.
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Section § 1098
This section defines what a "transfer fee" is when it comes to selling or transferring real estate. It's a fee required by certain legal documents and agreements when real estate changes hands. However, it clarifies that it doesn't include government taxes, mechanics' lien fees, court-ordered payments, fees from divorce settlements, trust administration fees, lender fees, and association dues. Also, if a transfer fee was recorded before 2008, it must have been properly documented and meet specific conditions to be enforceable.
(a)CA Civil Law Code § 1098(a) A “transfer fee” is any fee payment requirement imposed within a covenant, restriction, or condition contained in any deed, contract, security instrument, or other document affecting the transfer or sale of, or any interest in, real property that requires a fee be paid as a result of transfer of the real property. A transfer fee does not include any of the following:
(1)CA Civil Law Code § 1098(a)(1) Fees or taxes imposed by a governmental entity.
(2)CA Civil Law Code § 1098(a)(2) Fees pursuant to mechanics’ liens.
(3)CA Civil Law Code § 1098(a)(3) Fees pursuant to court-ordered transfers, payments, or judgments.
(4)CA Civil Law Code § 1098(a)(4) Fees pursuant to property agreements in connection with a legal separation or dissolution of marriage.
(5)CA Civil Law Code § 1098(a)(5) Fees, charges, or payments in connection with the administration of estates or trusts pursuant to Division 7 (commencing with Section 7000), Division 8 (commencing with Section 13000), or Division 9 (commencing with Section 15000) of the Probate Code.
(6)CA Civil Law Code § 1098(a)(6) Fees, charges, or payments imposed by lenders or purchasers of loans, as these entities are described in
subdivision (c) of Section 10232 of the Business and Professions Code.
(7)CA Civil Law Code § 1098(a)(7) Assessments, charges, penalties, or fees authorized by the Davis-Stirling Common Interest Development Act (Part 5 (commencing with Section 4000) of Division 4) or by the Commercial and Industrial Common Interest Development Act (Part 5.3 (commencing with Section 6500) of Division 4).
(8)CA Civil Law Code § 1098(a)(8) Fees, charges, or payments for failing to comply with, or for transferring the real property prior to satisfying, an obligation to construct residential improvements on the real property.
(9)Copy CA Civil Law Code § 1098(a)(9)
(A)Copy CA Civil Law Code § 1098(a)(9)(A) Any fee reflected in a document recorded against the property on or before December 31, 2007, that is separate from any covenants, conditions, and restrictions, and that substantially complies with subdivision (a) of Section 1098.5 by providing a
prospective transferee notice of the following:
(i)CA Civil Law Code § 1098(a)(9)(A)(i) Payment of a transfer fee is required.
(ii)CA Civil Law Code § 1098(a)(9)(A)(ii) The amount or method of calculation of the fee.
(iii)CA Civil Law Code § 1098(a)(9)(A)(iii) The date or circumstances under which the transfer fee payment requirement expires, if any.
(iv)CA Civil Law Code § 1098(a)(9)(A)(iv) The entity to which the fee will be paid.
(v)CA Civil Law Code § 1098(a)(9)(A)(v) The general purposes for which the fee will be used.
(B)CA Civil Law Code § 1098(a)(9)(A)(B) A fee reflected in a document recorded against the property on or before December 31, 2007, that is not separate from any covenants, conditions, and restrictions, or that incorporates by reference from another document, is a “transfer fee” for purposes of Section 1098.5. A transfer
fee recorded against the property on or before December 31, 2007, that complies with subparagraph (A) and incorporates by reference from another document is unenforceable unless recorded against the property on or before December 31, 2016, in a single document that complies with subdivision (b) and with Section 1098.5.
(b)CA Civil Law Code § 1098(b) The information in paragraph (9) of subdivision (a) shall be set forth in a single document and shall not be incorporated by reference from any other document.
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Section § 1098.5
This law is about recording transfer fees on real estate properties. If a transfer fee was set up before January 1, 2008, the person getting the fee must record certain details about the fee by December 31, 2008, for the property. If the fee was created on or after January 1, 2008, these details must be recorded when the fee is first set up. The required details include amounts of the fee, property owner names, how the fee is used, and contact information for the fee recipient. Residential properties need examples showing fee amounts for homes priced at $250,000, $500,000, and $750,000. There's a special notice for fees created after February 8, 2011, explaining potential difficulties in financing those properties. The county recorder checks that certain required details are included and files it under relevant names, but doesn't verify all information.
(a)CA Civil Law Code § 1098.5(a) For transfer fees, as defined in Section 1098, imposed prior to January 1, 2008, the receiver of the fee, as a condition of payment of the fee on or after January 1, 2009, shall record, on or before December 31, 2008, against the real property in the office of the county recorder for the county in which the real property is located a separate document that meets all of the following requirements:
(1)CA Civil Law Code § 1098.5(a)(1) The title of the document shall be “Payment of Transfer Fee Required” in at least 14-point boldface type.
(2)CA Civil Law Code § 1098.5(a)(2) The document shall include all of the following information:
(A)CA Civil Law Code § 1098.5(a)(2)(A) The names of all current owners of the real property subject to the transfer fee, and the legal description and assessor’s parcel number for the affected real property.
(B)CA Civil Law Code § 1098.5(a)(2)(B) The amount, if the fee is a flat amount, or the percentage of the sales price constituting the cost of the fee.
(C)CA Civil Law Code § 1098.5(a)(2)(C) If the real property is residential property, actual dollar-cost examples of the fee for a home priced at two hundred fifty thousand dollars ($250,000), five hundred thousand dollars ($500,000), and seven hundred fifty thousand
dollars ($750,000).
(D)CA Civil Law Code § 1098.5(a)(2)(D) The date or circumstances under which the transfer fee payment requirement expires, if any.
(E)CA Civil Law Code § 1098.5(a)(2)(E) The purpose for which the funds from the fee will be used.
(F)CA Civil Law Code § 1098.5(a)(2)(F) The entity to which funds from the fee will be paid and specific contact information regarding where the funds are to be sent.
(G)CA Civil Law Code § 1098.5(a)(2)(G) The signature of the authorized representative of the entity to which funds from the fee will be paid.
(b)CA Civil Law Code § 1098.5(b) When a transfer fee, as defined in Section 1098, is imposed upon real property on or after January 1, 2008, the person or entity imposing the transfer fee, as a condition of payment of the fee, shall record in the office of the county recorder for the county in which the real
property is located, concurrently with the instrument creating the transfer fee requirement, a separate document that meets all of the following requirements:
(1)CA Civil Law Code § 1098.5(b)(1) The title of the document shall be “Payment of Transfer Fee Required” in at least 14-point boldface type.
(2)CA Civil Law Code § 1098.5(b)(2) The document shall include all of the following information:
(A)CA Civil Law Code § 1098.5(b)(2)(A) The names of all current owners of the real property subject to the transfer fee, and the legal description and assessor’s parcel number for the affected real property.
(B)CA Civil Law Code § 1098.5(b)(2)(B) The amount, if the fee is a flat amount, the percentage of the sales price constituting the cost of the fee, or the method for calculating the amount.
(C)CA Civil Law Code § 1098.5(b)(2)(C) If the real property is
residential property and the amount of the fee is based on the price of the real property, actual dollar-cost examples of the fee for a home priced at two hundred fifty thousand dollars ($250,000), five hundred thousand dollars ($500,000), and seven hundred fifty thousand dollars ($750,000).
(D)CA Civil Law Code § 1098.5(b)(2)(D) The date or circumstances under which the transfer fee payment requirement expires, if any.
(E)CA Civil Law Code § 1098.5(b)(2)(E) The purpose for which the funds from the fee will be used.
(F)CA Civil Law Code § 1098.5(b)(2)(F) The entity to which funds from the fee will be paid and specific contact information regarding where the funds are to be sent.
(G)CA Civil Law Code § 1098.5(b)(2)(G) The signature of the authorized representative of the entity to which funds from the fee will be paid.
(H)CA Civil Law Code § 1098.5(b)(2)(H) For
private transfer fees created on or after February 8, 2011, unless the exception in Section 1228.3 of Title 12 of the Code of Federal Regulations applies, the following notice in at least 14-point boldface type:
The Federal Housing Finance Agency and the Federal Housing Administration are prohibited from dealing in mortgages on properties encumbered by private transfer fee covenants that do not provide a “direct benefit” to the real property encumbered by the covenant. As a result, if you purchase such a property, you or individuals you want to sell the property to may have difficulty obtaining financing.
(c)CA Civil Law Code § 1098.5(c) The recorder shall only be responsible for examining that the document required by subdivision (a) or (b) contains the information required by subparagraphs (A), (F), and (G) of paragraph (2) of subdivision (a) or (b). The recorder shall index the document under the names of the persons and
entities identified in subparagraphs (A) and (F) of paragraph (2) of subdivision (a) or (b). The recorder shall not examine any other information contained in the document required by subdivision (a) or (b).
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Section § 1098.6
This law states that starting January 1, 2019, new transfer fees cannot be created. However, there are exceptions for certain types of transfer fee covenants, particularly those established before June 1, 2009, which meet specific criteria. These criteria include being related to ongoing agreements, identified land, and settlements of legal disputes or approvals by government bodies. Any new transfer fees created in violation of this rule are considered invalid and against public policy. 'Transfer fee' is defined elsewhere in Section 1098.
(a)Copy CA Civil Law Code § 1098.6(a)
(1)Copy CA Civil Law Code § 1098.6(a)(1) On or after January 1, 2019, a transfer fee shall not be created.
(2)CA Civil Law Code § 1098.6(a)(2) This subdivision does not apply to excepted transfer fee covenants as defined by Section 1228.1 of Title 12 of the Code of Federal Regulations. Excepted transfer fee covenants are not required to comply with subparagraph (H) of paragraph (2) of subdivision (b) of Section 1098.5.
(3)CA Civil Law Code § 1098.6(a)(3) This subdivision does not apply to a private transfer fee
covenant if all of the following requirements are met:
(A)CA Civil Law Code § 1098.6(a)(3)(A) The covenant is created pursuant to an agreement entered into before June 1, 2009.
(B)CA Civil Law Code § 1098.6(a)(3)(B) The covenant is applicable to land that is identified in the
agreement.
(C)CA Civil Law Code § 1098.6(a)(3)(C) The agreement was in settlement of litigation or approved by a government agency or body.
(D)CA Civil Law Code § 1098.6(a)(3)(D) The agreement was recorded in each county in which the land identified in the agreement is located.
(E)CA Civil Law Code § 1098.6(a)(3)(E) The agreement specifies the development area in which the covenant shall apply to any covered parcel to be created within that development area.
(F)CA Civil Law Code § 1098.6(a)(3)(F) The covenant complies with the requirements of Section 1098.5, except that the
requirement of subparagraph (H) of paragraph (2) of subdivision (b) of Section 1098.5 does not apply.
(b)CA Civil Law Code § 1098.6(b) Any transfer fee created in violation of subdivision (a) is void as against public policy.
(c)CA Civil Law Code § 1098.6(c) For purposes of this section, “transfer fee” has the same meaning as that term is defined in Section 1098.
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Section § 1099
Before selling or transferring real estate, the seller must give the buyer a pest control inspection report if it's a contract requirement or needed for financing. If any pest control work has been done or certified, that information must also be shared with the buyer before the sale is completed. Delivering these documents can be done in person or by mail. Even if this law isn't followed exactly, it won't automatically cancel the property sale unless it would be a reason to undo the sale without this law.
(a)CA Civil Law Code § 1099(a) As soon as practical before transfer of title of any real property or the execution of a real property sales contract as defined in Section 2985, the transferor, fee owner, or his or her agent, shall deliver to the transferee a copy of a structural pest control inspection report prepared pursuant to Section 8516 of the Business and Professions Code upon which any certification in accordance with
Section 8519 of the Business and Professions Code may be made, provided that certification or preparation of a report is a condition of the contract effecting that transfer, or is a requirement imposed as a condition of financing such transfer.
(b)CA Civil Law Code § 1099(b) If a notice of work completed as contemplated by Section 8518 of the Business and Professions Code, indicating action by a structural pest control licensee in response to an inspection report delivered or to be delivered under provisions of subdivision (a), or a certification pursuant to Section 8519 of the Business and Professions Code, has been received by a transferor or his or her agent before transfer of title or execution of a real property sales contract as defined in Section 2985, it shall be furnished to the transferee as soon as practical before transfer of title or the execution of such real property sales contract.
(c)CA Civil Law Code § 1099(c) Delivery to a transferee as used in this section means delivery in person or by mail to the transferee himself or herself or any person authorized to act for him or her in the transaction or to such additional transferees who have requested such delivery from the transferor or his or her agent in writing. For the purposes of this section, delivery to either spouse shall be deemed delivery to a transferee, unless the contract affecting the transfer states otherwise.
(d)CA Civil Law Code § 1099(d) No transfer of title of real property shall be invalidated solely because of the failure of any person to comply with the provisions of this section unless such failure is an act or omission which would be a valid ground for rescission of such transfer in the absence of this section.
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