CAL LEG Transfer of Real Property


On Aug. 22, CAL LEG passed bill re real property transfer and fees.


  • CAL LEG passed Bill SB 1399 to create an exception to the prohibition on the creation of private transfer fees after January 1, 2019 for certain transfer fee covenants.
  • Specifically, covenants created under an agreement entered into before June 1, 2009.
  • Amends Civil Code, CAL LEG 2-4-4-2-1-1098.6, transfer of real property, transfer fees.
  • Property Transfer fees
  • Exempts private transfer fee covenants if created per agreement entered into before Jun. 1, 2009, the covenants are applicable to land that is identified in the agreement.
  • Also if agreement was in settlement of litigation or approved by government agency.
  • Legislative History
  • On Feb. 16, 2024, bill introduced in Senate; on May 20, 2024, bill passed in Senate.
  • On May 21, 2024, bill introduced in Assembly; on Aug. 8, 2024, bill passed Assembly.
  • On Aug. 8, 2024, bill sent to Senate; on Aug. 15, 2024, amendments concurred in.
  • On Aug. 22, 2024, bill was enrolled and then sent to the governor for review.
  • Effectiveness
  • If approved, bill becomes effective as of Jan. 1, 2025.
  • Sep. 2024 CAL LEG Governor Approval
  • On Sep. 22, 2024, CAL LEG reported bill approval by governor, became Chapter 475.

Regulators CAL LEG
Entity Types CNSM; Corp; MG Orig
Reference Ch. 475, 9/22/2024; Bill SB1399, 8/22/2024; Citation: CAL LEG 2-4-4-2-1-1098.6;
Functions Compliance; Financial; Legal; Operations; Record Retention
Countries United States of America
Category
State
Products Corporate; Mortgage
Regions Am
Rule Type Final
Rule Date 8/22/2024
Effective Date 1/1/2025
Rule Id 223678
Linked to N/A
Reg. Last Update 9/22/2024
Report Section US Consumer

Last substantive update on 09/26/2024