0 chapters · 1,744 sections in this title.
Civ. Code § 1135 Section 1135
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An interest in a ship can be transferred only by operation of law, or by written instrument, subscribed by the person making the transfer, or by his agent.
Civ. Code § 1140 Section 1140
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(a) For purposes of this section: (1) The term “customer” means any individual or entity who causes or caused a molder to fabricate, cast, or otherwise make a die, mold, or form. (2) The term “molder” means any individual or entity, including, but not limited to, a tool or die ma…
Civ. Code § 1146 Section 1146
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A gift is a transfer of personal property, made voluntarily, and without consideration. (Enacted 1872.)
Civ. Code § 1147 Section 1147
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A verbal gift is not valid, unless the means of obtaining possession and control of the thing are given, nor, if it is capable of delivery, unless there is an actual or symbolical delivery of the thing to the donee. (Enacted 1872.)
Civ. Code § 1148 Section 1148
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A gift, other than a gift in view of impending death, cannot be revoked by the giver.
Civ. Code § 2078 Section 2078
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One who officiously, and without the consent of the real or apparent owner of a thing, takes it into his possession for the purpose of rendering a service about it, must complete such service, and use ordinary care, diligence, and reasonable skill about the same. He is not entitl…
Civ. Code § 2079 Section 2079
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(a) It is the duty of a real estate broker or salesperson, licensed under Division 4 (commencing with Section 10000) of the Business and Professions Code, to a prospective buyer of residential real property improved with one to four dwelling units or a manufactured home as define…
Civ. Code § 2079.1 Section 2079.1
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The provisions of this article relating sale transactions of residential real property comprising one to four dwelling units apply with equal force to leases of that property that include an option to purchase, ground leases of land on which one to four dwelling units have been c…
Civ. Code § 2079.10 Section 2079.10
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(a) Every contract for the sale of single-family residential real property entered into on or after July 1, 2013, shall contain, in not less than 8-point type, a notice as specified below: NOTICE REGARDING GAS AND HAZARDOUS LIQUID TRANSMISSION PIPELINES This notice is being provi…
Civ. Code § 2079.10a Section 2079.10a
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(a) Every lease or rental agreement for single-family residential real property entered into on or after July 1, 1999, any leasehold interest in real property consisting of multiunit residential property with more than four dwelling units entered into after that date, and every c…
Civ. Code § 2079.11 Section 2079.11
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(a) Except as provided in subdivision (b), to the extent permitted by law, the consumer information publications referred to in this article, including, but not limited to, the information booklets described in Section 10084.1 of the Business and Professions Code and Section 2540…
Civ. Code § 2079.12 Section 2079.12
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(a) The Legislature hereby finds and declares all of the following: (1) That the imprecision of terms in the opinion rendered in Easton v. Strassburger, 152 Cal. App. 3d 90, and the absence of a comprehensive declaration of duties, standards, and exceptions, has caused insurers t…
Civ. Code § 2079.13 Section 2079.13
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As used in this section and Sections 2079.7 and 2079.14 to 2079.24, inclusive, the following terms have the following meanings: (a) “Agent” means a person acting under provisions of Title 9 (commencing with Section 2295) in a real property transaction, and includes a person who i…
Civ. Code § 2079.14 Section 2079.14
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(a) A copy of the disclosure form specified in Section 2079.16 shall be provided in a real property transaction as follows: (1) The seller’s agent, if any, shall provide the disclosure form to the seller before entering into the listing agreement. (2) The buyer’s agent shall prov…
Civ. Code § 2079.15 Section 2079.15
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In any circumstance in which the seller or buyer refuses to sign an acknowledgment of receipt pursuant to Section 2079.14, the agent shall set forth, sign, and date a written declaration of the facts of the refusal.
Civ. Code § 2079.16 Section 2079.16
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The disclosure form required by Section 2079.14 shall have Sections 2079.13 to 2079.24, inclusive, excluding this section, printed on the back, and on the front of the disclosure form the following shall appear: When you enter into a discussion with a real estate agent regarding …
Civ. Code § 2079.17 Section 2079.17
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(a) As soon as practicable, the buyer’s agent shall disclose to the buyer and seller whether the agent is acting in the real property transaction as the buyer’s agent, or as a dual agent representing both the buyer and the seller. This relationship shall be confirmed in the contr…
Civ. Code § 2079.19 Section 2079.19
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The payment of compensation or the obligation to pay compensation to an agent by the seller or buyer is not necessarily determinative of a particular agency relationship between an agent and the seller or buyer. A listing agent and a selling agent may agree to share any compensat…
Civ. Code § 2079.2 Section 2079.2
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The standard of care owed by a broker under this article is the degree of care that a reasonably prudent real estate licensee would exercise and is measured by the degree of knowledge through education, experience, and examination, required to obtain a license under Division 4 (c…
Civ. Code § 2079.20 Section 2079.20
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Nothing in this article prevents an agent from selecting, as a condition of the agent’s employment, a specific form of agency relationship not specifically prohibited by this article if the requirements of Section 2079.14 and Section 2079.17 are complied with.
Civ. Code § 2079.21 Section 2079.21
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(a) A dual agent may not, without the express permission of the seller, disclose to the buyer any confidential information obtained from the seller. (b) A dual agent may not, without the express permission of the buyer, disclose to the seller any confidential information obtained…
Civ. Code § 2079.22 Section 2079.22
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Nothing in this article precludes a seller’s agent from also being a buyer’s agent. If a seller or buyer in a transaction chooses to not be represented by an agent, that does not, of itself, make that agent a dual agent.
Civ. Code § 2079.23 Section 2079.23
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(a) A contract between the principal and agent may be modified or altered to change the agency relationship at any time before the performance of the act which is the object of the agency with the written consent of the parties to the agency relationship. (b) A lender or an aucti…
Civ. Code § 2079.24 Section 2079.24
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Nothing in this article shall be construed to either diminish the duty of disclosure owed buyers and sellers by agents and their associate licensees, subagents, and employees or to relieve agents and their associate licensees, subagents, and employees from liability for their con…
Civ. Code § 2079.25 Section 2079.25
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The provisions of subdivision (d) of Section 1102.1 shall apply to this article.
Civ. Code § 2079.26 Section 2079.26
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(a) A person shall not make an unsolicited offer to purchase residential real property in the 90049, 90263, 90265, 90272, 90290, 90402, 91001, 91024, 91103, 91104, 91106, 91107, 91301, 91302, or 91320 ZIP Codes. (b) (1) Prior to the transfer of title in the purchase of residentia…
Civ. Code § 2079.3 Section 2079.3
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The inspection to be performed pursuant to this article does not include or involve an inspection of areas that are reasonably and normally inaccessible to this type of an inspection, nor an affirmative inspection of areas off the site of the subject property or public records or…
Civ. Code § 2079.4 Section 2079.4
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In no event shall the time for commencement of legal action for breach of duty imposed by this article exceed two years from the date of possession, which means the date of recordation, the date of close of escrow, or the date of occupancy, whichever occurs first.
Civ. Code § 2079.5 Section 2079.5
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Nothing in this article relieves a buyer or prospective buyer of the duty to exercise reasonable care to protect himself or herself, including those facts which are known to or within the diligent attention and observation of the buyer or prospective buyer.
Civ. Code § 2079.6 Section 2079.6
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This article does not apply to sales which are required to be preceded by the furnishing, to a prospective buyer, of a copy of a public report pursuant to Section 11018.1 or Section 11234 of the Business and Professions Code and sales that can be made without a public report purs…
Civ. Code § 2079.7 Section 2079.7
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(a) If a consumer information booklet described in Section 10084.1 of the Business and Professions Code is delivered to a buyer in connection with the sale of real property, including property specified in Section 1102 of the Civil Code, or manufactured housing, as defined in Sec…
Civ. Code § 2079.8 Section 2079.8
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(a) If a Homeowner’s Guide to Earthquake Safety described in Section 10149 of the Business and Professions Code is delivered to a buyer in connection with the sale of real property, including property specified in Section 1102 or under Chapter 7.5 (commencing with Section 2621) o…
Civ. Code § 2079.9 Section 2079.9
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(a) If a Commercial Property Owner’s Guide to Earthquake Safety described in Section 10147 of the Business and Professions Code is delivered to a buyer in connection with the sale of real property, including property specified in Section 1102 or under Chapter 7.5 (commencing with…
Civ. Code § 2110 Section 2110
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Property carried is called freight; the reward, if any, to be paid for its carriage is called freightage; the person who delivers the freight to the carrier is called the consignor; and the person to whom it is to be delivered is called the consignee. (Enacted 1872.)
Civ. Code § 2114 Section 2114
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A carrier of property for reward must use at least ordinary care and diligence in the performance of all his duties. A carrier without reward must use at least slight care and diligence. (Enacted 1872.)
Civ. Code § 2115 Section 2115
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Subject to Section 7303 of the Uniform Commercial Code, a carrier must comply with the directions of the consignor or consignee to the same extent that an employee is bound to comply with those of his employer.
Civ. Code § 2118 Section 2118
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Subject to Section 7303 of the Uniform Commercial Code, a carrier of property must deliver it to the consignee, at the place to which it is addressed, in the manner usual at that place.
Civ. Code § 2119 Section 2119
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If there is no usage to the contrary at the place of delivery, freight must be delivered as follows:
Civ. Code § 2136 Section 2136
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A carrier may require his freightage to be paid upon his receiving the freight; but if he does not demand it then, he cannot until he is ready to deliver the freight to the consignee. (Enacted 1872.)
Civ. Code § 2137 Section 2137
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The consignor of freight is presumed to be liable for the freightage, but if the contract between him and the carrier provides that the consignee shall pay it, and the carrier allows the consignee to take the freight, he cannot afterwards recover the freightage from the consignor…
Civ. Code § 2138 Section 2138
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The consignee of freight is liable for the freightage, if he accepts the freight with notice of the intention of the consignor that he should pay it. (Enacted 1872.)
Civ. Code § 2139 Section 2139
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No freightage can be charged upon the natural increase of freight. (Enacted 1872.)
Civ. Code § 2140 Section 2140
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If freightage is apportioned by a bill of lading or other contract made between a consignor and carrier, the carrier is entitled to payment, according to the apportionment, for so much as he delivers. (Enacted 1872.)
Civ. Code § 2141 Section 2141
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If a part of the freight is accepted by a consignee, without a specific objection that the rest is not delivered, the freightage must be apportioned and paid as to that part, though not apportioned in the original contract. (Enacted 1872.)
Civ. Code § 2142 Section 2142
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If a consignee voluntarily receives freight at a place short of the one appointed for delivery, the carrier is entitled to a just proportion of the freightage, according to distance. If the carrier, being ready and willing, offers to complete the transit, he is entitled to the fu…
Civ. Code § 2143 Section 2143
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If freight is carried further, or more expeditiously, than was agreed upon by the parties, the carrier is not entitled to additional compensation, and cannot refuse to deliver it, on the demand of the consignee, at the place and time of its arrival. (Enacted 1872.)
Civ. Code § 2144 Section 2144
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A carrier has a lien for (a) freightage and for services rendered at request of shipper or consignee in and about the transportation of the property, (b) care and preservation of the property, (c) money advanced at request of shipper or consignee to discharge a prior lien, and (d…
Civ. Code § 4205 Section 4205
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(a) To the extent of any conflict between the governing documents and the law, the law shall prevail. (b) To the extent of any conflict between the articles of incorporation and the declaration, the declaration shall prevail. (c) To the extent of any conflict between the bylaws a…
Civ. Code § 4210 Section 4210
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In order to facilitate the collection of regular assessments, special assessments, transfer fees as authorized by Sections 4530, 4575, and 4580, and similar charges, the board is authorized to record a statement or amended statement identifying relevant information for the associ…
Civ. Code § 4215 Section 4215
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Any deed, declaration, or condominium plan for a common interest development shall be liberally construed to facilitate the operation of the common interest development, and its provisions shall be presumed to be independent and severable. Nothing in Article 3 (commencing with Se…