which a reasonable inspection would have disclosed.
(b) If any disclosure required to be made by this section is delivered after the execution of an agreement to purchase, the buyer shall have three days after delivery in person or five days after delivery by deposit in the mail, to terminate his or her agreement by delivery of written notice of that termination to the owner, subdivider, or agent. Any disclosure delivered after the execution of an agreement to purchase shall contain a statement describing the buyer’s right, method and time to rescind as prescribed by this subdivision.
(c) For the purposes of this section:
(1) “Major systems” includes, but is not limited to, the roof, walls, floors, heating, air conditioning, plumbing, electrical systems or components of a similar or comparable nature, and recreational facilities.
(2) Delivery to a prospective buyer of the written statement required by this section shall be deemed effected when delivered personally or by mail to the prospective buyer or to an agent thereof, or to a spouse unless the agreement provides to the contrary. Delivery shall also be made to additional prospective buyers who have made a request therefor in writing.
(3) “Prospective buyer” includes any person who makes an offer to purchase a unit in the condominium, community apartment project, or stock cooperative.
(d) Any person who willfully fails to carry out the requirements of this section shall be liable in the amount of actual damages suffered by the buyer.
(e) Nothing in this section shall preclude the injured party from pursuing any remedy available under any other provision of law.
(f) No transfer of title to a unit subject to the provisions of this chapter shall be invalid solely because of the failure of any person to comply with the requirements of this section.
(g) The written statement required by this section shall not abridge or limit any other obligation of disclosure created by any other provision of law or which is or may be required to avoid fraud, deceit, or misrepresentation in the transaction.
(Added by Stats. 1981, Ch. 811, Sec. 1. Operative July 1, 1982, by Sec. 2 of Ch. 811.)
CHAPTER 3. Transfer of Personal Property [1135 — 1148]
(Chapter 3 enacted 1872.)
ARTICLE 1. Mode of Transfer [1135 — 1140]
(Article 1 enacted 1872.)
1135. An interest in a ship can be transferred only by operation of law, or by written instrument, subscribed by the person making the transfer, or by his agent.
(Amended by Stats. 1931, Ch. 1070.)
1140. (a) For purposes of this section:
(1) The term “customer” means any individual or entity who causes or caused a molder to fabricate, cast, or otherwise make a die, mold, or form.
(2) The term “molder” means any individual or entity, including, but not limited to, a tool or die maker, who fabricates, casts, or otherwise makes a die, mold, or form.
(3) For purposes of this section, the term “within three years following the last prior use” shall be construed to include any period following the last prior use of a die, mold, or form regardless of whether or not that period precedes the effective date of this section.
(b) In the absence of any agreement to the contrary, the customer shall have all rights and title to any die, mold, or form in the possession of the molder.
(c) If a customer does not claim possession from a molder of a die, mold, or form within three years following the last prior use thereof, all rights and title to any die, mold, or form may be transferred by operation of law to the molder for the purpose of destroying or otherwise disposing of such die, mold, or form, consistent with this section.
(d) If a molder chooses to have all rights and title to any die, mold, or form transferred to the molder by operation of law, the molder shall send written notice by registered mail to the chief executive officer of the customer or, if the customer is not a business entity, to the customer himself or herself at the customer’s last known address indicating that the molder intends to terminate the customer’s rights and title by having all such rights and title transferred to the molder by operation of law pursuant to this section.
(e) If a customer does not respond in person or by mail to claim possession of the particular die, mold, or form within 120 days following the date the notice was sent, or does not make other contractual arrangements with the molder for storage thereof, all rights and title of the customer shall transfer by operation of law to the molder. Thereafter, the molder may destroy or otherwise dispose of the particular mold, tool, or die as the molder’s own property without any risk of liability to the customer, except that this section shall not be construed in any manner to affect any right of the customer, under federal patent or copyright law or any state or federal law pertaining to unfair competition.
(Amended by Stats. 1981, Ch. 290, Sec. 1.)
ARTICLE 3. Gifts [1146 — 1148]
(Article 3 enacted 1872.)
1146. A gift is a transfer of personal property, made voluntarily, and without consideration.
(Enacted 1872.)
1147. A verbal gift is not valid, unless the means of obtaining possession and control of the thing are given, nor, if it is capable of delivery, unless there is an actual or symbolical delivery of the thing to the donee.
(Enacted 1872.)
1148. A gift, other than a gift in view of impending death, cannot be revoked by the giver.
(Amended by Stats. 1991, Ch. 1055, Sec. 2.)
CHAPTER 4. Recording Transfers [1169 — 1220]
(Chapter 4 enacted 1872.)
ARTICLE 2. Mode of Recording [1169 — 1173]
(Article 2 enacted 1872.)
1169. Instruments entitled to be recorded must be recorded by the County Recorder of the county in which the real property affected thereby is situated.
(Enacted 1872.)
[1170.] Section Eleven Hundred and Seventy. An instrument is deemed to be recorded when, being duly acknowledged or proved and certified, it is deposited in the Recorder’s office, with the proper officer, for record. (Amended by Code Amendments 1873-74, Ch. 612.)
1171. Grants, absolute in terms, are to be recorded in one set of books, and mortgages in another.
(Enacted 1872.)
1172. The duties of county recorders, in respect to recording instruments, are prescribed by the Government Code.
(Amended by Stats. 1959, Ch. 593.)
1173. The mode of recording transfers of ships registered under the laws of the United States is regulated by Acts of Congress.
(Enacted
