California CodesBusiness and Professions Code - BPCDivision 4 — Real EstatePart 2 — Regulation of TransactionsChapter 1 — Subdivided LandsArticle 2 — Investigation, Regulation and ReportSection 11018
The Real Estate Commissioner shall make an examination of any subdivision, and shall, unless there are grounds for denial, issue to the subdivider a public report authorizing the sale or lease in this state of the lots or parcels within the subdivision. The report shall contain the data obtained in accordance with Section 11010 and which the commissioner determines are necessary to implement the purposes of this article. The commissioner may publish the report.
The grounds for denial are:
(a) Failure to comply with any of the provisions in this chapter or the regulations of the commissioner pertaining thereto.
(b) The sale or lease would constitute misrepresentation to or deceit or fraud of the purchasers or lessees.
(c) Inability to deliver title or other interest contracted for.
(d) Inability to demonstrate that adequate financial arrangements have been made for all offsite improvements included in the offering.
(e) Inability to demonstrate that adequate financial arrangements have been made for any community, recreational or other facilities included in the offering.
(f) Failure to make a showing that the parcels can be used for the purpose for which they are offered; and in the case of a subdivision being offered for residential purposes failure to make a showing that vehicular access and a source of potable domestic water either is available or will be available.
(g) Failure to provide in the contract or other writing the use or uses for which the parcels are offered, together with any covenants or conditions relative thereto.
(h) Agreements or bylaws to provide for management or other services pertaining to common facilities in the offering, which fail to comply with the regulations of the commissioner.
(i) Failure to demonstrate that adequate financial arrangements have been made for any guaranty or warranty included in the offering.
Notes
Requires the Real Estate Commissioner to examine a subdivision and, absent a denial ground, issue a public report authorizing California sales or leases. Denial grounds include chapter or regulatory violations, fraud, inability to deliver title or utilities, inadequate access or potable water for residential offerings, deficient use restrictions or management documents, and inadequate financial arrangements for offered guarantees or warranties.
Use as reference
Lexinter.net | California Code, Business and Professions Code - BPC § 11018 | https://laws.lexinter.net/codes/california/business-and-professions-code/division-4/part-2/chapter-1/article-2/section-11018