California Codes, Civil Code - CIV, Division 3 — Obligations, Part 2 — Contracts, Title 5 — Extinction of Contracts, Chapter 2.5 — Home Equity Sales Contracts, Section 1695.17

(a) Any representative, as defined in subdivision (b) of Section 1695.15, deemed to be the agent or employee, or both the agent and the employee of the equity purchaser shall be required to provide both of the following:

(1) Written proof to the equity seller that the representative has a valid current California Real Estate Sales License and that the representative is bonded by an admitted surety insurer in an amount equal to twice the fair market value of the real property which is the subject of the contract.

(2) A statement in writing, under penalty of perjury, that the representative has a valid current California Real Estate Sales License, is bonded by an admitted surety insurer in an amount equal to at least twice the value of the real property which is the subject of the contract and has complied with paragraph (1). The written statement required by this paragraph shall be provided to all parties to the contract prior to the transfer of any interest in the real property which is the subject of the contract.

(b) The failure to comply with subdivision (a) shall at the option of the equity seller render the equity purchase contract void and the equity purchaser shall be liable to the equity seller for all damages proximately caused by the failure to comply.

Notes

Requires an equity purchaser’s representative to give the seller written proof of a current California real-estate sales license and surety bond equal to twice the property’s fair market value, plus a sworn written statement before any interest transfers. Noncompliance lets the seller void the contract and makes the purchaser liable for resulting damages.

Use as reference

Lexinter.net | California Code, Civil Code - CIV § 1695.17 | https://laws.lexinter.net/codes/california/civil-code/division-3/part-2/title-5/chapter-2-5/section-1695-17

Disclaimer: Codes available on Lexinter may not reflect the most current laws in your jurisdiction. We make no warranties regarding the accuracy, completeness, or adequacy of the information provided. Always verify the status of any code with your state legislature or official government sources before relying on it for legal purposes.