California Codes, Civil Code - CIV, Division 4 — General Provisions, Part 2 — Special Relations of Debtor and Creditor, Title 1 — General Principles, Section 3434

A lender who makes a loan of money, the proceeds of which are used or may be used by the borrower to finance the design, manufacture, construction, repair, modification or improvement of real or personal property for sale or lease to others, shall not be held liable to third persons for any loss or damage occasioned by any defect in the real or personal property so designed, manufactured, constructed, repaired, modified or improved or for any loss or damage resulting from the failure of the borrower to use due care in the design, manufacture, construction, repair, modification or improvement of such real or personal property, unless such loss or damage is a result of an act of the lender outside the scope of the activities of a lender of money or unless the lender has been a party to misrepresentations with respect to such real or personal property.

Notes

Exempts a money lender from third-party liability for defects in property financed by loan proceeds or for the borrower’s failure to use due care in designing, making, constructing, repairing, modifying, or improving that property. The exemption does not apply when the loss results from lender conduct outside ordinary lending activities or lender participation in property-related misrepresentations.

Use as reference

Lexinter.net | California Code, Civil Code - CIV § 3434 | https://laws.lexinter.net/codes/california/civil-code/division-4/part-2/title-1/section-3434

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