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Business and Professions Code - BPC - BPC § 11011
Business and Professions Code - BPC - BPC § 11011
(a) The commissioner may by regulation prescribe filing fees in connection with applications to the Department of Real Estate pursuant to this chapter and if the commissioner determines that lower fees are sufficient to offset the costs and expenses incurred in the administration
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Business and Professions Code - BPC - BPC § 11012
Business and Professions Code - BPC - BPC § 11012
It is unlawful for the owner, their agent, or subdivider, of the project, after it is submitted to the Department of Real Estate, to materially change the setup of that offering without first notifying the department in writing of the intended change. This section only applies to
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Business and Professions Code - BPC - BPC § 11013
Business and Professions Code - BPC - BPC § 11013
For the purposes of this part, a blanket encumbrance shall be considered to mean a trust deed or mortgage or any other lien or encumbrance, mechanics’ lien or otherwise, securing or evidencing the payment of money and affecting land to be subdivided or affecting more than one lot
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Business and Professions Code - BPC - BPC § 11013.1
Business and Professions Code - BPC - BPC § 11013.1
It shall be unlawful, except as provided in Section 11013.2 or 11013.6, for the owner, subdivider, or agent to sell or lease lots or parcels within a subdivision that is subject to a blanket encumbrance unless there exists in the blanket encumbrance or other supplementary agreeme
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Business and Professions Code - BPC - BPC § 11013.2
Business and Professions Code - BPC - BPC § 11013.2
Should there not exist in the blanket encumbrance or supplementary agreement a release clause as set forth in Section 11013.1, then it shall be unlawful for the owner, subdivider, or agent to sell or lease lots or parcels within such subdivision unless one of the following condit
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Business and Professions Code - BPC - BPC § 11013.3
Business and Professions Code - BPC - BPC § 11013.3
Taxes and assessments levied by public authority shall not be considered a blanket encumbrance within the meaning of Section 11013.
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Business and Professions Code - BPC - BPC § 11013.4
Business and Professions Code - BPC - BPC § 11013.4
If a subdivision is not subject to a blanket encumbrance, as defined in Section 11013, it is unlawful for the owner, subdivider, or agent to sell or lease lots or parcels within a subdivision unless one of the following conditions is complied with: (a) The entire sum of money pai
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Business and Professions Code - BPC - BPC § 11013.5
Business and Professions Code - BPC - BPC § 11013.5
The public report of the commissioner, when issued, shall indicate the method or procedure selected by the owner or subdivider to comply with the provisions of Sections 11013.1, 11013.2 or 11013.4.
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Business and Professions Code - BPC - BPC § 11013.6
Business and Professions Code - BPC - BPC § 11013.6
Notwithstanding Sections 11013.1 and 11013.2, an individual interest in a stock cooperative, as defined in Section 4190 of the Civil Code, or a limited-equity housing cooperative, as defined in Section 817 of the Civil Code, may be sold or leased subject to a blanket encumbrance
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Business and Professions Code - BPC - BPC § 11014
Business and Professions Code - BPC - BPC § 11014
The commissioner may investigate any subdivision being offered for sale or lease in this State. For the purposes of such investigations the commissioner may use and rely upon any relevant information or data concerning a subdivision obtained by him from the Federal Housing Admini
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Business and Professions Code - BPC - BPC § 11018
Business and Professions Code - BPC - BPC § 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 t
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Business and Professions Code - BPC - BPC § 11018.1
Business and Professions Code - BPC - BPC § 11018.1
(a) A copy of the public report of the commissioner, when issued, shall be given to the prospective purchaser by the owner, subdivider, or agent prior to the execution of a binding contract or agreement for the sale or lease of any lot or parcel in a subdivision. The requirement
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Business and Professions Code - BPC - BPC § 11018.12
Business and Professions Code - BPC - BPC § 11018.12
(a) The commissioner may issue a conditional public report for a subdivision specified in Section 11004.5 if the requirements of subdivision (e) are met, all deficiencies and substantive inadequacies in the documents that are required to make an application for a final public rep
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Business and Professions Code - BPC - BPC § 11018.13
Business and Professions Code - BPC - BPC § 11018.13
(a) After written notice to the subdivider, or the subdivider’s representative, the commissioner may abandon any application for a subdivision public report if the data required by Section 11010 has not been furnished within three years from the date a notice of intention is file
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Business and Professions Code - BPC - BPC § 11018.14
Business and Professions Code - BPC - BPC § 11018.14
The commissioner shall not be a responsible agency for purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000), Public Resources Code). Receipt by the commissioner of a copy of an environmental impact report or negative declaration prepar
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Business and Professions Code - BPC - BPC § 11018.2
Business and Professions Code - BPC - BPC § 11018.2
No person shall sell or lease, or offer for sale or lease in this state any lots or parcels in a subdivision without first obtaining a public report from the Real Estate Commissioner. This section shall not apply to subdivisions for which a notice of intention is not required und
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Business and Professions Code - BPC - BPC § 11018.3
Business and Professions Code - BPC - BPC § 11018.3
Any subdivider objecting to the denial of a public report may, within 30 days after receipt of the order of denial, file a written request for a hearing. The commissioner shall hold the hearing within 20 days thereafter unless the party requesting the hearing requests a postponem
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Business and Professions Code - BPC - BPC § 11018.5
Business and Professions Code - BPC - BPC § 11018.5
With respect to the subdivisions and interests of the type described in Section 11004.5, and in addition to the other grounds for denial of a public report as set forth in this code, the commissioner shall issue a public report if the commissioner finds the following with respect
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Business and Professions Code - BPC - BPC § 11018.6
Business and Professions Code - BPC - BPC § 11018.6
Any person offering to sell or lease any interest subject to the requirements of subdivision (a) of Section 11018.1 in a subdivision described in Section 11004.5 shall make a copy of each of the following documents available for examination by a prospective purchaser or lessee be
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Business and Professions Code - BPC - BPC § 11018.7
Business and Professions Code - BPC - BPC § 11018.7
(a) No amendment or modification of provisions in the declaration of restrictions, bylaws, articles of incorporation or other instruments controlling or otherwise affecting rights to ownership, possession, or use of interests in subdivisions as defined in Sections 11000.1 and 110
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Business and Professions Code - BPC - BPC § 11019
Business and Professions Code - BPC - BPC § 11019
(a) Whenever the commissioner determines from available evidence that a person has done any of the following, the commissioner may order the person to desist and refrain from those acts and omissions or from the further sale or lease of interests in the subdivision until the cond
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Business and Professions Code - BPC - BPC § 11020
Business and Professions Code - BPC - BPC § 11020
(a) It shall be unlawful for any person to make, issue, publish, deliver, or transfer as true and genuine any public report which is forged, altered, false, or counterfeit, knowing it to be forged, altered, false, or counterfeit or to cause to be made or participate in the making
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Business and Professions Code - BPC - BPC § 11021
Business and Professions Code - BPC - BPC § 11021
For the purpose of calculating the period of any applicable statute of limitations in any action or proceeding, either civil or criminal involving any violation of this chapter, the cause of action shall be deemed to have accrued not earlier than the time of recording with the co
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Business and Professions Code - BPC - BPC § 11022
Business and Professions Code - BPC - BPC § 11022
(a) It is unlawful for an owner, subdivider, agent or employee of a subdivision or other person, with intent directly or indirectly to sell or lease subdivided lands or lots or parcels therein, to authorize, use, direct, or aid in the publication, distribution, or circularization
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Business and Professions Code - BPC - BPC § 11023
Business and Professions Code - BPC - BPC § 11023
Any person who violates Section 11010, 11010.1, 11010.8, 11013.1, 11013.2, 11013.4, 11018.2, 11018.7, 11018.9, 11018.10, 11018.11, 11019, or 11022 is guilty of a public offense punishable by a fine not exceeding ten thousand dollars ($10,000) or by imprisonment pursuant to subdiv