BILL NUMBER: SB 504 CHAPTERED
BILL TEXT
CHAPTER 51
FILED WITH SECRETARY OF STATE JUNE 30, 2006
APPROVED BY GOVERNOR JUNE 30, 2006
PASSED THE ASSEMBLY JUNE 19, 2006
PASSED THE SENATE JANUARY 26, 2006
AMENDED IN SENATE JANUARY 19, 2006
AMENDED IN SENATE JANUARY 4, 2006
AMENDED IN SENATE APRIL 12, 2005
AMENDED IN SENATE MARCH 31, 2005
INTRODUCED BY Senator Torlakson
FEBRUARY 18, 2005
An act to amend Section 2985 of the Civil Code, relating to real
property sales contracts, and declaring the urgency thereof, to take
effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 504, Torlakson Real property sales contracts.
Existing law defines "real property sales contract" for purposes
of provisions regulating, among other things, the transfer of real
property sales contracts and the encumbering of real property sold
under unrecorded real property sales contracts, and provisions
specifying the required contents of real property sales contracts.
The violation of these provisions is a crime.
This bill would provide, for purposes of these provisions, that a
real property sales contract does not include a contract for purchase
of an attached residential condominium unit entered into pursuant to
a conditional public report issued by the Department of Real Estate,
as specified.
This bill would declare that it is to take effect immediately as an
urgency statute.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 2985 of the Civil Code is amended to read:
2985. (a) A real property sales contract is an agreement in which
one party agrees to convey title to real property to another party
upon the satisfaction of specified conditions set forth in the
contract and that does not require conveyance of title within one
year from the date of formation of the contract.
(b) For purposes of this chapter only, a real property sales
contract does not include a contract for purchase of an attached
residential condominium unit entered into pursuant to a conditional
public report issued by the Department of Real Estate pursuant to
Section 11018.12 of the Business and Professions Code.
SEC. 2. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
To avoid subjecting developers to criminal liability for
unknowingly violating Chapter 2c (commencing with Section 2985) of
Title 14 of Part 4 of Division 3 of the Civil Code.