California Civil Code. California
offer from a ready, able, and willing buyer on the terms accepted by the owner. An open listing need specify no compensation to the selling agent, but may state that the compensation is to be negotiated between the selling agent and the owner.
(Amended by Stats. 1993, Ch. 331, Sec. 4. Effective January 1, 1994.)
1088. A listing may not be placed in a multiple listing service unless authorized or directed by the owner in the listing.
If an agent or appraiser places a listing or other information in the multiple listing service, that agent or appraiser shall be responsible for the truth of all representations and statements made by the agent or appraiser of which that agent or appraiser had knowledge or reasonably should have had knowledge to anyone injured by their falseness or inaccuracy.
(Amended by Stats. 1993, Ch. 331, Sec. 5. Effective January 1, 1994.)
1089. An open listing may contain an agreement by the owner to pay the listing agent compensation in any amount, at any time, and for any services, other than for selling the property or procuring or finding a buyer, as the agreement may specify.
(Added by Stats. 1982, Ch. 547, Sec. 1.)
1089.5. Subject to the limitations, conditions, and requirements of Chapter 18 (commencing with Section 10000) of Part 5 of Division 7 of the Probate Code, this article applies to property defined in Section 1086 that is covered by a contract described in Section 10150 of the Probate Code.
(Added by Stats. 1988, Ch. 113, Sec. 4. Effective May 25, 1988. Operative July 1, 1988, by Sec. 23 of Ch. 113.)
1090. Nothing in this article shall preclude a listing agent from also being the selling agent.
(Added by Stats. 1982, Ch. 547, Sec. 1.)
ARTICLE 7. Unlawful Influence of Appraisers [1090.5- 1090.5.]
(Article 7 added by Stats. 2007, Ch. 291, Sec. 2.)
1090.5. (a) No person with an interest in a real estate transaction involving a valuation shall improperly influence or attempt to improperly influence the development, reporting, result, or review of that valuation, through coercion, extortion, bribery, intimidation, compensation, or instruction. For purposes of this section, a valuation is defined as an estimate of the value of real property in written or electronic form, other than one produced solely by an automated valuation model or system. Prohibited acts include, but are not limited to, the following:
(1) Seeking to influence a person who prepares a valuation to report a minimum or maximum value for the property being valued. Such influence may include, but is not limited to:
(A) Requesting that a person provide a preliminary estimate or opinion of value prior to entering into a contract with that person for valuation services.
(B) Conditioning whether to hire a person based on an expectation of the value conclusion likely to be returned by that person.
(C) Conditioning the amount of a person’s compensation on the value conclusion returned by that person.
(D) Providing to a person an anticipated, estimated, encouraged, or desired valuation prior to their completion of a valuation.
(2) Withholding or threatening to withhold timely payment to a person or entity that prepares a valuation, or provides valuation management functions, because that person or entity does not return a value at or above a certain amount.
(3) Implying to a person who prepares a valuation that current or future retention of that person depends on the amount at which the person estimates the value of real property.
(4) Excluding a person who prepares a valuation from consideration for future engagement because the person reports a value that does not meet or exceed a predetermined threshold.
(5) Conditioning the compensation paid to a person who prepares a valuation on consummation of the real estate transaction for which the valuation is prepared.
(6) Requesting the payment of compensation to achieve higher priority in the assignment of valuation business.
(b) Subdivision (a) does not prohibit a person with an interest in a real estate transaction from doing any of the following:
(1) Asking a person who performs a valuation to do any of the following:
(A) Consider additional, appropriate property information, including information about comparable properties.
(B) Provide further detail, substantiation, or explanation for the person’s value conclusion.
(C) Correct errors in a valuation report.
(2) Obtaining multiple valuations, for purposes of selecting the most reliable valuation.
(3) Withholding compensation due to breach of contract or substandard performance of services.
(4) Providing a copy of the sales contract in connection with a purchase transaction.
(c) If a person who violates this section is licensed or registered under any state licensing or registration law and the violation occurs within the course and scope of the person’s duties as a licensee or registrant, the violation shall be deemed a violation of that law.
(d) Nothing in this section shall be construed to authorize communications that are otherwise prohibited under existing law.
(Amended by Stats. 2011, Ch. 716, Sec. 5. Effective January 1, 2012.)
CHAPTER 2. Transfer of Real Property [1091 — 1134]
(Chapter 2 enacted 1872.)
ARTICLE 1. Mode of Transfer [1091 — 1099]
(Article 1 enacted 1872.)
1091. 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.
(Enacted 1872.)
1092. 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___.
_____
AB”
(Amended by Stats. 1999, Ch. 608, Sec. 4. Effective January 1, 2000.)
1093. 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.
(Added by Stats. 1985, Ch. 911, Sec. 1.)
1095. 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