10 CCR § 2790.8. Existing Subdivision Interest Disclosure.

Existing Subdivision Interest Disclosure.

(a) An applicant for a public report for the sale or lease of an existing subdivision interest shall include an Existing Subdivision Interest Disclosure Statement with the public report application.

(b) The Existing Subdivision Interest Disclosure Statement shall be completed and provided by the Subdivider/Seller (Seller) to each buyer as soon as practicable before the transfer of title.

(c) If any Existing Subdivision Interest Disclosure required by this Section is delivered after the execution of an offer to purchase, the buyer shall have three days after delivery in person or five days after delivery by deposit in the mail, to terminate the purchase agreement by delivery of a written notice of termination to the Seller.

(d) The Seller is obligated to disclose information in the Existing Subdivision Interest Disclosure based on Seller's actual knowledge, after making a reasonable effort to obtain such information, whether derived from Seller's own investigation and inspection of the Existing Subdivision Interest or from written reports prepared by third parties retained by Seller to perform inspections.

(e) The Seller shall amend any information in an Existing Subdivision Interest Disclosure after the Disclosure is provided to the buyer, if the information in the Disclosure is or becomes materially inaccurate and the Seller has actual knowledge of the inaccuracy. The Seller is otherwise not required to amend the Disclosure once it has been provided to the Buyer. A buyer shall have the right to terminate a purchase agreement based on an amended Disclosure if the amended Disclosure shows that the original Disclosure was inaccurate or has become inaccurate in any material respect. Buyer shall have three days after delivery in person or five days after delivery by deposit in the mail of the amended Disclosure to terminate the purchase agreement by delivery of a written notice of termination to the Seller.

(f) The term “Existing Subdivision Interest” as used in this section is a subdivision interest described in Section 11004.5 of the Code where the dwelling comprising the subdivision interest has been completed (completion is normally the date on which a Notice of Completion has been recorded evidencing completion of the improvement) or occupied (the occupancy of the improvements is normally the date shown by the issuance of a Certificate of Occupancy or equivalent issued by the local jurisdiction), whichever occurs first, three (3) years or more before the date that the public report application is filed with the Bureau.

Official source: § 2790.8. Existing Subdivision Interest Disclosure..

Source snapshot retrieved: 2026-09-23T18:11:06.585Z.

1. New section filed 2-14-2008; operative 3-15-2008 (Register 2008, No. 7).

2. Change without regulatory effect amending subsection (f) filed 6-30-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 27).

Applicability basis for 10 CCR § 2790.8 (Existing Subdivision Interest Disclosure.): 1 CCR § 100 provides that an agency may add to, revise or delete text published in the California Code of Regulations without complying with the rulemaking procedure specified in article 5 of the APA only if the change does not materially alter any requirement, right, responsibility, condition, prescription or other regulatory element of any California Code of Regulations provision.

Version dates (indexing metadata): Effective 2008-03-15.

Date derivation (indexing metadata): This is the current publisher text. The filing history states: "1. New section filed 2-14-2008; operative 3-15-2008 (Register 2008, No. 7)." The later entry is: "2. Change without regulatory effect amending subsection (f) filed 6-30-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 27).". Under 1 CCR § 100, a change without regulatory effect cannot materially alter a regulatory element. The indexing start is therefore the last substantive operative date, 2008-03-15. The official history expressly gives this operative date. No earlier version is represented.