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Bernhardt's California Real Estate Laws

Publisher: Michie

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Print Book :1 volume, softbound, replaced annually
2016 Edition
ISBN: 9781632842336
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Product details

A compilation of all significant laws and regulations that affect California real estate and the real estate industry; includes highlights of new legislation and expert commentary prepared by the volume's authors. Also includes an index.

Table of Contents

Excerpts from the Business and Professions Code

Outdoor Advertising

Local Ordinances and Unincorporated Areas

Exceptions, Exclusions and Redevelopment Projects



Compensation for Removal

Landscaped Freeways

Penalties for Violations

On-Premises Advertising

Local Ordinances


Landscape Architects

Unlawful Practice of Law

Legal Document Assistants and Unlawful Detainer


Professional Engineers


General Regulations

Home Improvements

Asbestos Consultants

Construction Management Education Sponsorship

Act of 1991

Arbitration Agreements

Home Inspection

Structural Pest Control Operators

Land Surveyors

Cemetery Brokers


Real Estate Brokers


Secure and Fair Enforcement for Mortgage Licenses

Prepaid Rental Listing Services

Continuing Education

Disciplinary Action

Deeds of Trust and Real Estate Sales Contracts

Exemption from Securities Qualification

Loans Negotiated by Brokers

Out-of-State Land Promotions

Real Estate Fund

Mineral, Oil and Gas Brokerage

Subdivided Lands

Sales in Subdivisions

Blanket Encumbrances

Public Reports

The Vacation Owner and Time-Share Act of 2004


Licenses and Certification

Certified Common Interest Development Manager

Homeowners' Exemption Filing Services

Assessment Appeal Filing Services

Grant Deed Copy Services

Self-Service Storage Facilities

Alcoholic Beverage Licenses

Excerpts from the Civil Code

Preliminary Provisions



Persons with Unsound Mind

Personal Rights

Civil Rights

Construction-Related Accessibility

General Property Rules


Interests in Property

Restraints on Alienation

Common Law Estates and Future Interests

Termination of Tenancies

Mobilehome Residency Law

Rental Agreements

Rules and Regulations

Fees and Charges

Rent Control

Tenant Rights

Termination of Tenancy



Subdivisions, Cooperatives, Condominiums or Resident-Owned Parks

Recreational Vehicle Park Occupancy Law

Defaulting Occupants, Tenants and Residents


Floating Home Residency Law

Rental Agreements

Rules and Regulations



Tenant Rights

Termination of Tenancy



Sales and Rentals


Housing Cooperatives and Housing Cooperative Trusts

Life Estates and Tenancies


Lateral and Subjacent Support


Life Tenants

Adjoining Landowners

Ouster of Cotenant

Landowner Liability to Recreational Users

Environmental Responsibility Acceptance Act

Marketable Title

Notice of Intent to Preserve Interest

Ancient Mortgages

Mineral Rights

Unexercised Options

Powers of Termination

Unperformed Sale Contracts

Abandoned Easements

Rent Skimming

Actions for Construction Defects


Adverse Possession and Prescriptive Rights

Fixtures and Innocent Improvers

Stream Boundaries

Removal of Fixtures

Transfer of Interests; Delivery; Escrow

Interpretation of Deeds

Listing Agreements

Unlawful Influence of Appraisers

Transfer of Title

Pest Control Reports

Water Use Efficiency

Transfer Disclosure Statements

Disclosure of Natural Hazards

The Buyer's Choice Act

Transfers of Property

Recordation of Documents

Appropriation of Water


Covenants Running With the Land

Performance of Obligations

Accord and Satisfaction




Statute of Frauds

Foreign Language Contracts

Electronic Transactions

Interpretation of Contracts

Risk of Loss

Exculpation, Arbitration, and Unconscionability

Liquidated Damages

Home Solicitation Contracts


Home Equity Sales Contracts

Modification of Contracts

Disclosure of AIDS Information in Property Transfers

Attorneys' Fee Clauses

Home Solicitations

Consumer Credit Reporting Agencies

Mobilehome Warranties

Home Roof Warranties

Consumer Credit Contracts

Retail Installment Sales Contracts

Membership Camping Contracts

Credit Disability Insurance


Innkeepers' Liability and Liens

Transient Occupancies


Shared Appreciation Loans

Loans of ERISA Pension Funds

Shared Appreciation Loans for Seniors

Mortgage Loans

Landlord and Tenant


Duration of Leaseholds

Security Deposits

Liability of Abandoning or Evicted Tenants

Waivers, Access Rights, Assignments

Restrictions of Commercial Rent Control

Residential Rent Control

Identification of Owner

Disposition of Goods Abandoned by Tenant

Residential Tenancies

Commercial Tenancies

Assignment and Sublease

Use Restrictions

Real Estate Brokers' Duty to Inspect

Agency Disclosure by Brokers


Power of Attorney

Construction Indemnity Agreements




Nonjudicial Foreclosure Sales

Miscellaneous Provisions

Foreclosure Consultants

Miscellaneous Provisions

Subordination Agreements

Miscellaneous Clauses

Disclosures in Broker-Arranged Financing

Home Equity Loan Disclosures

Installment Land Contracts

Controlled Escrows


Miscellaneous Provisions

Damages and Other Relief



Exemplary Damages

Breach of Contract

Contracts with Design Professionals


Specific Performance

Marshaling Assets

Lender's Liability for Building Defects

Fraudulent Transfers


Maxims of Jurisprudence

Common Interest Developments

General Provisions

Preliminary Provisions


Application of Act

Governing Documents

General Provisions


Articles of Incorporation

Condominium Plan

Operating Rules

Ownership and Transfer of Interests

Ownership Rights and Interests

Transfer Disclosure

Transfer Fee

Restrictions on Transfer

Transfer of Separate Interest

Property Use and Maintenance

Protected Uses

Modification of Separate Interest


Association Governance

Association Existence and Powers

Board Meeting

Member Meeting

Member Election

Record Inspection


Annual Reports

Conflict of Interest

Managing Agent

Government Assistance



Use of Reserve Funds

Reserve Planning

Assessments and Assessment Collection

Establishment and Imposition of Assessments

Assessment Payment and Delinquency

Assessment Collection

Insurance and Liability

Dispute Resolution and Enforcement

Discipline and Cost Reimbursement

Internal Dispute Resolution

Alternative Dispute Resolution Prerequisite to Civil Action

Civil Action

Construction Defect Litigation

Commercial and Industrial Common Interest Developments

General Provisions

Preliminary Provisions


Application of Act

Governing Documents

General Provisions


Articles of Incorporation

Condominium Plan

Operating Rules

Ownership and Transfer of Interests

Ownership Rights and Interests

Restrictions on Transfers

Transfer of Separate Interest

Property Use and Maintenance

Protected Uses

Modification of Separate Interest


Association Governance

Association Existence and Powers

Record Keeping

Conflict of Interest

Government Assistance

Assessments and Assessment Collection

Establishment and Imposition of Assessments
Assessment Payment and Delinquency

Assessment Collection

Insurance and Liability

Dispute Resolution and Enforcement

Disciplinary Action

Civil Actions

Construction Defect Litigation

Works of Improvement




Waiver and Release


Private Works of Improvement

General Provisions

Preliminary Notice

Design Professionals Lien

Entitlement to Lien

Conditions to Enforcing Lien
Amount of Lien

Property Subject to Lien


Enforcement of Lien

Releasing a Lien and Removing a Lien from the Record

Stop Payment Notices for Private Works of Improvement

Payment Bonds

Security for a Large Project

Prompt Payment

Public Works of Improvement

Stop Payment Notices

Release of Funds

Distribution of Funds

Enforcement of Stop Notice

Payment Bonds

Usury Law

Excerpts from the Code of Civil Procedure

Causes of Action and Jurisdiction of Courts

Adverse Possession

Limitation of Other Actions

Parties to Actions


Lis Pendens

General Provisions

Service and Filing



Notice and Presumptions

Construction Subcontracts

Litigation Against Architects, Engineers and


Alternative Methods of Service

Strategic Lawsuits Against Public Participation

Miscellaneous Pleading Requirements

Prejudgment Attachment

Writs of Possession



Deficiency Judgments

Mining Claims

Entry of Judgment

Enforcement of Judgments


Execution Liens

Execution Sales

Methods of Levy

Sale and Collection

Distribution of Proceeds

General Provisions

Exempt Property

Homestead Exemptions

Declared Homesteads

Enforcement of Judgment Against Contingent Interest

Writs of Possession and Sale

Third-Party Claims

Claims by Creditors Holding Security Interests in Fixtures

Satisfaction of Judgment


Redemption After Judicial Foreclosure

Nuisance, Waste, Trespass, and Mortgages

Destroyed Land Records

Cullen Earthquake Act of 1972

Quiet Title

Commencement of Action


Service of Process


Public Officers or Employees

Identity of Persons in Chain of Title

Land Dedicated for Public Improvements

Surface Lands Subject to Oil or Gas Lease

Public Improvement Assessments

Co-owners of Mines

Good Faith Improvers of Property


Preliminary Provisions

Powers of Court

Complaint and Lis Pendens





Division of Property

Manner of Sale

Sale Procedures

Consummation of Sale

Disposition of Proceeds

Partition by Appraisal

Costs of Partition


Stay of Enforcement of Judgment

Fees and Costs

Declaratory Relief

Enforcement of Sales Agreements

Writs of Mandate

Unlawful Detainer



Oil and Gas Liens

Contemptuous Possession

Eminent Domain

General Limitations

Rights of the Public Entity

Future Use

Substitute Property


Compatible Use

More Necessary Public Use

Preliminary Location, Survey, and Tests

Resolution of Necessity

Resolution by Quasi-Public Entity

Jurisdiction and Venue

Notice of Proceeding



Objections to Right to Take

Settlement Offers and Alternative Dispute Resolution

Deposit of Probable Compensation

Withdrawal of Deposit

Possession Prior to Judgment


Exchange of Valuation Data

Procedures for Determining Right to Take and Compensation

Contesting Right To Take

Procedures for Determining Compensation

Compensation, Generally

Date of Valuation

Compensation for Improvements

Compensation for Property Taken

Compensation for Injury to Remainder

Compensation for Loss of Goodwill

More Necessary Public Use

Hazardous Materials on Property to be Acquired by School District



Future Interests

Payment of Judgment

Procedures for Determining Right to Take and Compensation

Possession After Judgment




Expenses, Costs and Damages



Arbitration of Real Estate Contracts

Unclaimed Property

Assignments for the Benefit of Creditors: Preferences

Evidence re Interests in Real Property

Lost Maps

Parol Evidence

Required Writings

Discovery in Litigation Pertaining to Real Property

Property Descriptions

Uniform Federal Lien Registration Act

Excerpts from the Constitution of the State of California

Article I

Rights of Citizens

Article X

Water Rights

Article X A

Water Resources Development

Article XI

Home Rule

Article XIII


Article XIII A

Proposition 13

Article XIII D

Proposition 218

Article XIV

Mechanics' Liens

Article XV


Article XVI

Public Finance

Article XX


Article XXXIV

Public Housing

Excerpts from the Corporations Code

General Provisions

Corporate Powers

Mortgages and Sales




Social Purpose Corporations

Nonprofit Mutual Benefit Corporations

Mutual Water Companies

Benefit Corporations


Uniform Limited Partnership Act of 2008

Uniform Partnership Act of 1994

Limited Liability Companies

Unincorporated Associations

Real Estate Investment Trusts

Corporate Securities Law

Real Estate Syndicate Act

Excerpts from the Education Code

Joint Venture School Facilities Construction Projects

Sale or Lease of Surplus School Property

Joint Use of School Facilities

Development Fees

Community Colleges

Sale, Lease, Use and Exchange of Facilities

Surplus Property

Joint User Agreements

Exchanges of Land

Excerpts from the Evidence Code

Burden of Proof on Issues Arising in Real Property Litigation

Facts in Deeds and Leases

Burden of Producing Evidence

Burden of Proof

Expert and Opinion Testimony

Evidence of Market Value


Lawyer-Client Privilege

Exceptions to Physician-Patient Privilege

Exceptions to Psychotherapist-Patient Privilege


Official Writings Affecting Property

Excerpts from the Family Code


Attorney Fees

Domestic Partner Registration

Property Rights


Management and Control


Uniform Premarital Agreements


Property Division



Separate and Out-of-State Property


Spousal Support



Excerpts from the Financial Code


Real Estate Dealings

Bank Holding Companies

Authorizations for Banks

Restrictions and Prohibited Practices


Loans and Investments

Trust Companies

Foreign (Other State) Banks

Foreign (Other Nation) Banks

Consumer Loans Secured by Real Property

Higher-Priced Mortgage Loans

Savings and Loan Associations

Real Estate Loans

Credit Unions

Escrow Agents


Industrial Loan Companies

Loans Secured by Real Property

Property Holdings

Loan Restrictions

California Finance Lenders

National Housing Act Loans

Residential Mortgage Lending

Mortgage Loan Originators

Financial Condition, Transaction and Bond Requirements

Brokerage Services for Borrowers

Exchange Facilitators

Excerpts from the Fish and Game Code


Fish Hatchery Leases

Wildlife Conservation Board

Wildlife Management Areas

Ecological Reserves

Hunting and Fishing

California Endangered Species Act

Natural Community Conservation Planning

Habitat Maintenance Funding Act

Hunting and Fishing: Birds and Mammals

Water Pollution

Excerpts from the Food and Agricultural Code

Roadside Vegetation Control

Grazing and Dairy Farms

Theft of Cattle

Dairy Farms

Excerpts from the Government Code

Escheat of Property to State

Government Tort Liability

Dangerous Conditions of Public Property

Liability of Public Entities

Liability of Public Employees

Access to Public Buildings for Persons with Disabilities

Publication Requirements

Recording of Documents

Acquisition of Open Space

Dedication for Public Purpose

Withdrawing Residential Leased Premises

State Tax Liens

Relocation Assistance

Open-Space Land Dedication

Notaries Public

California Emergency Services Act

Transfers of Woodframe Buildings

Hazardous Building Wall Anchorage Law

Residential Transfer Disclosure: Earthquake Hazards

Surplus State Lands

Plain English Statement of Policy on Small Business


Discrimination in Housing

Acquisition of State Property

Open-Space Subventions

Postponed Property Taxes

Public Employees' Retirement Fund

County Property

Acquisition of Property

Sale or Lease of Property

Sales Below Market Value

Joint Occupancy Agreements

Condominium Occupancy

Shade Trees

Fish, Streams and Flood Waters

Weed, Pest, and Nuisance Abatement

Report of Residential Building Record (3R Report)

Airports and Airport Zoning

County Recorders

Duties and Liability

Destruction of Documents


Recordable Documents

Social Security Numbers

Recording Procedure


Electronic Recording Delivery

Surveys and Surveyors

City Property


Sale of Buildings and Sites

Building Ordinances


Reports of Residential Records

Weed and Rubbish Abatement

City Harbors

Public Works

Property Taxes and Other Charges

Habitat Maintenance Assessment Districts

Abandoned Excavations

Historical Property Contracts

Grants of Public Property



Airport Approaches Zoning Law

Surplus Real Property

Open Space

Urban Agriculture Incentive Zones

Open Space Easements

Open Space Easement Act of 1974

Timberland Productivity Act


Timberland Production Zones


Immediate Rezoning

Removal From Zone

Eminent Domain or Other Acquisition

Very High Fire Hazard Severity Zones

Solar-Use Easements

Williamson Act

Legislative Declarations

Establishment of Preserves



Eminent Domain or Other Acquisition

Farmland Security Zones

Community Development of Former Redevelopment Agency Property

Unpaid Water Bills

Urban Forestry

Developer Fees

Community Facilities Districts

Proposition 218 Omnibus Implementation Act

Enforcement of Delinquent Assessments

Surplus Land

Open Public Meetings

County Fees

Local Government Reorganization

Community Services Districts


Finance and Capital Financing


Planning and Land Use

General Provisions

Regional Planning

Public Hearings; Notice

City and County Planning

General Plans

Specific Plans

Open-Space Lands

Housing Elements

Low-Income Housing in Coastal Zone

Water Conservation in Landscape Act

Water Recycling in Landscaping Act

Exemption of Charter Cities

General Plans: Actions or Proceedings


Development Agreements


Administration of Zoning Ordinances

Open-Space Zoning

Housing Development Approvals

Density Bonuses and Other Incentives

Interagency Referrals

Permit Streamlining Act

Applications for Development Projects

Approval of Development Permits

Agency Teams

Permits for Classes of Projects

Mitigation Lands: Nonprofit Organizations

School Facilities

Environmental Improvement Authorizations

Limitations on School Facilities Assessments

Fees for New Development Projects

Mediation of Land Use Disputes

Subdivision Map Act

Tentative Maps

Final Maps

Parcel Maps


Merger of Parcels

Unmerger of Parcels

Approval of Tentative Maps

Review of Tentative Map By Other Bodies

Filing Final Map

Filing Parcel Maps

Recordation of Maps

Imposition of Conditions and Grounds for Rejection

Dedication Requirements

Public Access

Reservation of Land for Community Facilities

Development Fees

Reimbursement of Costs

Soils Reports

Taxes and Assessments

Development Agreements

Posting Security

Reversion to Acreage

Excluding Land From Subdivision


Judicial Review

Official Maps

Excerpts from the Harbors and Navigation Code

Recreational Marinas

Navigable Waters

Private Wharves and Piers


Port Districts

Excerpts from the Health and Safety Code

California Community Care Facilities Act

Preemption of Local Regulations–Residential Care Facilities

Preemption of Local Regulations–Juvenile Facilities

Preemption of Local Regulations–Facilities for the Seriously Ill

Preemption of Local Regulations–Facilities for the Elderly

Preemption of Local Regulations–Family Day Care Homes

Mosquito Abatement and Vector Control District Law

Pest Abatement Districts



Property Rights

Care of Cemeteries

Public Cemetery Districts

Uniform Controlled Substances Act

Abatement of Transactions Involving Controlled Substances

Fires and Fire Protection

Fire Regulations

High-Rise Structures

Weed and Rubbish Abatement


Regulation of Apartment Houses, Hotels and Dwellings

Tenant Relocation Assistance


Manufactured Housing Act of 1980 Definitions

Application and Scope

Standards for Mobilehomes

Escrow Accounts


Registration and Title

Transfer of Title

Mobilehome Parks Act


Rights of Residents

State and Local Regulations

General Regulations


Special Occupancy Parks Act

State Building Standards

Historical Building Code of 1975

Earthquake Protection

Scope and Application


Building Permits

Design and Construction

Reconstruction of Hazardous Buildings

Gas Shutoff

Water Heaters

Local Building and Demolition Permits

Plans and Specifications for Development

Access to Public Accommodations by Physically

Handicapped Persons

Hazardous Waste Control

Safe Drinking Water and Toxic Enforcement Act of 1986

Unified Agency Review of Hazardous Materials Release Sites

Underground Storage of Hazardous Substances

Cleanup of Underground Petroleum Storage Tanks

Hazardous Substance Account Act

California Land Use and Revitalization Act of 2004

Cleanup of Property Contaminated by Methamphetamine

Hazardous Materials Release Cleanup by Local Agencies

Hazardous Materials Liability of Lenders and Fiduciaries



Asbestos and Hazardous Substance Removal Contracts

Notice Requirements

Toxic Mold Protection Act of 2001

Community Redevelopment Law

Blighted Areas

Public Policy

Procedures and Activities

Redevelopment Plans

Adoption of Plans


Owner Participation

Project Area Committee

Property Acquisition

Property Management

Relocation of Displaced Persons

Clearance and Development

Disposition and Development

Amendment of Redevelopment Plans


Financial Provisions

Construction Loans

Community Redevelopment and Disaster Project Law

Natural Disasters

Restrictions on Redevelopment Agency Operations

Suspension of Agency Activities and Prohibition on Creation of New Debts

Dissolution of Redevelopment Agencies and Designation of Successor Agencies

Alternative Voluntary Redevelopment Program

Housing Authorities


Powers and Duties

Creation of Housing Authorities

Financial Discrimination

Complaint Resolution

Public Housing Election Implementation Law

Historical Rehabilitation

Residential Rehabilitation

Air Resources

Housing and Home Finance

Department of Housing and Community Development

Rehabilitation of Residential Hotels

Mobilehome Parks

Predevelopment Loans

CalHome Program

Rehabilitation and Disaster Assistance

Multifamily Housing Programs

Special Programs for Disabled Persons

Rental Housing Construction

Home Ownership Assistance

Emergency Housing and Assistance Fund

Affordable Housing

Community Housing Developments

Downtown Rebound Program

Loan Insurance

Bond and Loan Insurance

Multifamily Residential Housing

Regulation of Environmental Protection

Abandoned Excavations

Pest Control

California Safe Drinking Water Act

Excerpts from the Insurance Code

Definitions and Authorizations

Shared Coverage

Insurable Interests

The Policy

Real Property Repair and Reconstruction

Insurance: Cancellation

Insurance in Connection with Sales and Loans

Unfair Practices

Investments by Insurers

Real Estate Holdings of Insurers

Insurance Agents

Purchasing Insurance from Self-Service

Storage Agents

Fire Insurance

County Mutual Fire Insurers

Fraternal Fire Insurers

Earthquake Insurance

California Earthquake Authority

Mediation of Earthquake Insurance Claims

FAIR (Fair Access to Insurance Requirements)

Residential Property Insurance Disclosure Statement

Title Insurance

Rate Regulation and Rebates

Mortgage Guaranty Insurance

Charges and Rebates

Land Value Insurance Prohibited

Home Protection Insurance

Charges and Rebates

Excerpts from the Labor Code

Employment of Minors

Workers Compensation and Insurance

Construction of Unsafe Work Place

Excerpts from the Military and Veterans Code


Protection of the National Guard and Reservists

Veterans' Farm and Home Purchase Act of 1943

Veterans' Farm and Home Purchase Act of 1974

Veterans' Buildings

Property Used for Defense Preparation

Excerpts from the Penal Code

Recording of False Instruments

Criminal Profiteering

Fraud or Embezzlement: Victim Restitution

Street Terrorism


Registered Sex Offenders

Public Nuisance

Unlawful Dumping

Forcible Entry and Detainer

Crimes Against Property



Onsite Making of Residence Key



Real Estate Transactions


Crimes Involving Financial Institutions, Escrow Companies and Title Insurance Companies

Crimes Against Hotel Guests

Compensation of Appointed Counsel: Liens upon Real Property

Red Light Abatement Law

Excerpts from the Probate Code


Simultaneous Death

Identity of Heirs


Powers of Appointment




Scope of Authority

Required Intent

Types of Appointments

Contracts to Appoint

Failure to Make Effective Appointment

Rights of Creditors

Rule Against Perpetuities

Revocation, Exercise, or Release

Deposit of Estate Planning Documents with Attorney