BILL NUMBER: SB 652	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JULY 2, 2013
	AMENDED IN SENATE  APRIL 30, 2013
	AMENDED IN SENATE  APRIL 22, 2013

INTRODUCED BY   Senator DeSaulnier

                        FEBRUARY 22, 2013

   An act to  add Section 1102.3b to   amend
Section 1102.6 o   f  the Civil Code, relating to real
property.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 652, as amended, DeSaulnier. Real property disclosures:
construction defect litigation.
   Existing law requires the transferor of residential property to
make certain disclosures to a prospective transferee and requires
these disclosures to be made on a specified form.  Under
existing law, the transferor is required to disclose any lawsuits by
or against the transferor threatening to or affecting the real
property, as specified. Existing law makes any person who willfully
or negligently violates or fails to perform any specified duty liable
in the amount of actual damages suffered by a transferee. 

   Existing law prescribes a process for determining liability in an
action seeking the recovery of damages arising out of, or related to,
deficiencies in residential construction, design, and related issues
and sets forth specified standards in this regard. 
   This bill would  require the transferor of any real
property  revise the transfer disclosure form  to
additionally disclose to a potential transferee  all claims
for damages relating to deficiencies in residential construction, as
specified, made by the transferor and the status of those claims
  specified claims for damages by the seller  .

   The bill would make its provisions operative on July 1, 2014.

   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 1102.6 of the   Civil
Code   is amended to read: 
   1102.6.   (a)    The disclosures required by
this article pertaining to the property proposed to be transferred
are set forth in, and shall be made on a copy of, the following
disclosure form:  GRAPHIC INSERT HERE:  SEE PRINTED VERSION OF THE
BILL] 
   (b) The amendments to this section by the act adding this
subdivision shall become operative on July 1, 2014.  
  SECTION 1.    Section 1102.3b is added to the
Civil Code, to read:
   1102.3b.  In addition to the disclosures required by Section
1102.6, the transferor of any real property subject to this article
shall disclose to a potential transferee all claims for damages made
by the transferor pursuant to Title 7 (commencing with Section 895)
of Part 2 of Division 2 and the status of these claims.