Real property transactions: Counties of Los Angeles and Ventura wildfires: unsolicited offers.

The bill text was reformatted from the official chaptered PDF layout (with page numbers, centered headers, and 'STATE OF CALIFORNIA AUTHENTICATED ELECTRONIC LEGAL MATERIAL' header) to a web page display with navigation menus, version history, and metadata fields. No legal language was altered.

Seven ZIP Codes were removed from the list of covered areas: 90019, 90041, 90066, 91040, 91367, 93535, and 93536. The remaining 14 ZIP Codes continue to be covered.

The term 'buyer' was replaced with 'person' throughout the operative provisions, broadening who is subject to the prohibition on making unsolicited offers.

The obligation to attach the signed attestation to the deed was shifted from county recorders (who previously had to require it as a condition of recording) to buyers (who must now record it themselves when recording the transfer of title). This removes a new duty on county recorders.

A new Section 1.5 was added as a conditional alternative version of the main provision that specifically references subdivision (n) of Section 10176 of the Business and Professions Code for licensed real estate persons. A new SEC. 4 provides that Section 1.5 only becomes operative if both this bill and SB 641 are enacted and effective by January 1, 2026, and SB 641 amends Section 10176; in that case, Section 1 would not become operative.

In the definition of 'unsolicited offer to purchase,' the word 'indicia' was changed to 'indication' when describing public signs that an owner is willing to sell.

The Legislative Counsel's Digest was corrected to remove redundant and confusing language about the state-mandated local program. The old text said the bill would impose one by 'making a violation of the bill's provisions a violation of the Real Estate Law and creating a new crime, creating new crimes.' The enrolled version simplifies this to 'By creating new crimes.'

Standard enrolled bill formatting changes: amendment history removed, passage dates added (Assembly September 11, 2025; Senate September 10, 2025), Governor receipt line added, vote/appropriation/fiscal committee lines removed, and a stray duplicate 'SEC. 4.' heading cleaned up.

The bill now covers ZIP codes in both Los Angeles and Ventura Counties. Four new ZIP codes were added: 90263, 91301, 91302, and 91320. The legislative findings and urgency declaration now reference both counties.

The core prohibition in subdivision (a) was changed from applying to 'a buyer' to 'a person,' broadening who is directly subject to the ban on unsolicited offers.

The duty to record the signed attestation shifted from the county recorder (who previously had to require it as a condition of recording) to the buyer, who must now record it. A new paragraph clarifies that failure to record does not affect constructive notice or the rights of subsequent bona fide purchasers or encumbrancers.

The licensed real estate professional provision was expanded to cover offers made 'on their own behalf, or on behalf of another person while conducting licensed activity,' not just offers made 'on behalf of a buyer.'

Civil penalties (up to $25,000 per violation) and misdemeanor charges now apply specifically to violations of subdivision (a) (the core prohibition on unsolicited offers) rather than any violation of the entire section. This narrows what conduct triggers criminal or civil penalties.

A severability clause was added (new subdivision (g)), providing that if any provision is held invalid, the remaining provisions continue in effect.

The term 'real property sales contract' was replaced with 'purchase agreement' throughout, likely to align with modern real estate transaction terminology.

A new 30-day delayed operative date was added (subdivision (h)): the article becomes operative 30 days after the effective date of the act, rather than taking effect immediately upon enactment.

The definition of 'unsolicited offer to purchase' was refined: 'public indicia' was changed to 'public indication,' and the language about flyers and print publications was reorganized for clarity (now reads 'advertised the property for sale in a print publication or a flyer posted in a public place').

Section 2985.52 is entirely deleted. This section had required every real property sales contract in the affected ZIP codes to include a provision giving the seller a right to cancel for 6 months and entitling the buyer to reimbursement of the purchase price plus cost of improvements if the seller exercised that right.

The prohibition on unsolicited offers no longer requires the offer to be 'for a price less than the property's fair market value on January 6, 2025.' The ban now applies to any unsolicited offer regardless of the offered price.

A new presumption is created: if the buyer and seller sign the required attestation affirming the offer was not unsolicited, this creates a legal presumption that the offer was solicited by the seller, which can only be overcome by clear and convincing evidence to the contrary.

City attorneys are added as authorized parties (alongside the Attorney General, county counsel, and district attorney) to bring civil actions to enforce the new provisions.

The licensing law violation for real estate professionals is narrowed. Previously any licensed person who 'violates this section' would be deemed to have violated their licensing law. Now only a licensed person who 'makes a written offer on behalf of a buyer in violation of this section' triggers the licensing consequence.

The no-reimbursement section is expanded to add an additional justification: that local agencies have authority to levy service charges, fees, or assessments sufficient to pay for the mandated program, in addition to the existing 'new crime' justification.

The prohibition on unsolicited offers was expanded from 'one to four family residential real properties' to all 'residential real property' in the listed ZIP Codes, removing the unit-count limitation.

A new definition of 'unsolicited offer to purchase' was added. It covers any offer made by text, email, phone, mail, or other means, but excludes offers where there is public indicia the owner wants to sell (MLS listing, for-sale sign, flyer, print ad) or where the offer was made before enactment.

A new definition of 'person' was added to include corporations, firms, partnerships, and associations existing under the laws of any state or foreign country, ensuring entities cannot evade liability by acting through corporate structures.

The timing requirement for the written attestation changed from 'prior to the closing of escrow' to 'prior to the transfer of title,' which is a slightly different procedural milestone in the real estate transaction process.

The prohibition on unsolicited offers is now limited to 'one to four family residential real property' rather than all real property, narrowing the bill's applicability to residential properties only.

Buyer and seller must execute a written attestation before closing of escrow affirming the contract was not entered into as a result of an unsolicited offer in violation of the section. County recorders must require this attestation to be attached to the deed or conveyance of title as a condition of recording.

A seller has the right to cancel a real property sales contract entered in violation of the section, exercisable until four months after the date of execution of the contract.

A person licensed under Division 4 of the Business and Professions Code (real estate licensees) who violates the unsolicited offer prohibition is deemed to have violated their licensing law, subjecting them to disciplinary action by the Real Estate Commissioner.

The Attorney General, a county counsel, or a district attorney may bring a civil action to enforce the unsolicited offer prohibition.

A civil penalty not to exceed $25,000 per violation may be assessed and recovered in a civil action brought in any court of competent jurisdiction.

The remedies and penalties provided are declared nonexclusive and are in addition to any other remedies or penalties available under other laws.

The no-reimbursement section was expanded to add a second basis: that a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the mandated program, in addition to the existing basis of creating a new crime.