California — Real Property Sales Contract / Installment Land Contract
Legal information, not legal advice. Verify against the cited primary sources before acting. Statutes in this area are frequently amended. Last verified: 2026-06-08.
California is one of the strongest anti-forfeiture jurisdictions in the country for installment land contracts — and that fact, more than any disclosure statute, defines the deal. California has a statutory chapter for these instruments (Civil Code §§ 2985–2985.6, “Real Property Sales Contracts”), but that chapter is mostly definitional and structural (payment handling, prepayment, subdivision disclosure) — it is not a Texas/Minnesota-style consumer- protection forfeiture code. The forfeiture answer comes from case law: the California Supreme Court treats the seller’s retained title as a security device, and under Barkis v. Scott (1949) and Petersen v. Hartell (1985) a buyer who has paid a substantial part of the price has an absolute right to redeem by paying the balance — even after a willful default. A California seller therefore generally cannot forfeit; the practical recourse is a judicial action (quiet title subject to redemption), which makes the land contract behave like a mortgage. Layer on the anti-deficiency statute (CCP § 580b), which expressly bars a deficiency “for failure of the purchaser to complete his or her contract of sale,” and the land contract loses most of the advantage a seller might think it has over a note-and-deed-of-trust. See forfeiture-vs-foreclosure.
0. Identity & Terminology
- In-state name(s): “real property sales contract” (the statutory term), “installment
land contract,” “land sale contract,” “land contract,” “contract of sale.” The statutory
definition in Civ. Code § 2985(a) is “an agreement in which one party agrees to convey title
to real property to another party upon the satisfaction of specified conditions set forth in the
contract and that does not require conveyance of title within one year from the date of
formation of the contract.” Civ. Code § 2985,
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=2985.
- Note the one-year carve-out: an agreement that does require conveyance within one year is not a “real property sales contract” under Chapter 2c (it is an ordinary executory purchase agreement). The redemption timing rule in Petersen turns partly on this distinction.
- Recognition: statutory and common law. The forfeiture/remedy rules are common-law (security-device doctrine + Civil Code anti-forfeiture provisions as construed by the Supreme Court); the formation/disclosure/payment rules are statutory (Civ. Code §§ 2985–2985.6).
- Statutory home: Cal. Civil Code, Division 3, Part 4, Title 14, Chapter 2c — Real Property Sales Contracts, §§ 2985–2985.6 — https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=2985.
- Remedy regime:
treat_as_mortgage. California treats the seller’s retained legal title as security for the purchase price. A vendee who has paid a substantial part of the price has an absolute right of redemption (pay the full balance) that survives even a willful default; the seller’s path to recover the land is a judicial quiet-title action subject to that redemption right, not a self-help forfeiture. Petersen v. Hartell, 40 Cal.3d 102 (1985) (petersen-v-hartell-1985); Barkis v. Scott, 34 Cal.2d 116 (1949) (barkis-v-scott-1949). Reinforced by the anti-deficiency bar of CCP § 580b. This places California with sebastian-v-floyd-1979 (Ky.) and the anti-forfeiture drift of skendzel-v-marshall-1973 (Ind.).
1. Formation & Mandatory Disclosures
- Statute of frauds: Writing required. A contract for the sale of real property, or an interest in it, is invalid unless the contract or a memorandum is in writing and subscribed by the party to be charged. Cal. Civ. Code § 1624(a)(3), https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1624.
- Mandatory disclosures — present but narrow (no Texas-style omnibus packet). Chapter 2c
prescribes specific in-contract disclosures rather than a broad pre-sale disclosure regime:
- Term + tax-estimate basis (§ 2985.5). “Every real property sales contract entered into after January 1, 1966” must contain a statement of (a) the number of years required to complete payment in accordance with the contract terms, and (b) the basis on which the tax estimate is made. Civ. Code § 2985.5, https://california.public.law/codes/civil_code_section_2985.5.
- Subdivision Map Act compliance (§ 2985.51). The contract must disclose whether the parcel was created in compliance with the Subdivision Map Act (or is exempt/waived/not subject). Penalty for omission / false statement: a vendee who reasonably relied may **recover all amounts paid with 9% interest plus a 1,000 / 6 months). Civ. Code § 2985.51, https://california.public.law/codes/civil_code_section_2985.51.
- General transfer disclosures still apply. A residential (1–4 unit) land-contract sale is a “transfer” subject to California’s Transfer Disclosure Statement regime (Civ. Code §§ 1102 et seq.) and the Natural Hazard Disclosure, like any other residential sale. (Precise application of §§ 1102 et seq. to a land-contract conveyance flagged in needs_verification — primary text not retrieved this run.)
- Recording requirement — permitted, NOT mandatory; no CFD-specific deadline. California has no statute requiring the seller or buyer to record a land contract within a set number of days (contrast Texas’s 30-day mandate). Recording is governed by the general race-notice system: a recorded conveyance is constructive notice to subsequent purchasers/mortgagees (Civ. Code § 1213), and an unrecorded conveyance is void as against a later good-faith purchaser/mortgagee who records first (Civ. Code § 1214). A land contract is a “conveyance” within Civ. Code § 1215. Civ. Code § 1213, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1213.; § 1214, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1214.. In practice the buyer records (often a short memorandum) to protect priority; failure to record risks the buyer’s interest against the seller’s later grantees/lienholders.
- Annual accounting statement: No general statute requires an annual principal/interest/ balance statement specific to land contracts (contrast Tex. Prop. Code § 5.077). However, § 2985.4 requires a seller who receives pro-rata payments for insurance and taxes (impounds) to hold those amounts in trust and not disburse without the payor’s and any lienholder’s consent. Civ. Code § 2985.4, https://california.public.law/codes/civil_code_section_2985.4. (Absence of a § 5.077-style annual statement is confirmed by the structure of Chapter 2c, which contains no such provision.)
- Prepayment — right is statutory and non-waivable (residential). For a real property sales contract on a dwelling for not more than four families entered into after January 1, 1969, the buyer may prepay all or part of the balance; the seller may prohibit prepayment only for the first 12 months, and a buyer’s waiver of the prepayment right is void as against public policy. Civ. Code § 2985.6, https://california.public.law/codes/civil_code_section_2985.6.
- Usury / interest cap: California’s constitutional cap is 7% per annum generally, raisable by written agreement to 10% for personal/family/household purposes (or a federal-rate formula for other uses). Cal. Const. art. XV, § 1, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CONS§ionNum=SECTION+1.&article=XV. Two exemptions usually take a land contract out of the cap: (a) loans made or arranged by a licensed California real estate broker secured by real property are exempt (art. XV, § 1); and (b) seller carry-back purchase financing is widely treated as not a “loan or forbearance” but a credit sale (time-price doctrine) outside usury entirely. Applies to CFD as financed purchase credit; rely on an exemption rather than the bare 7%/10% number. (Precise judicial authority for the time-price/carry-back exemption flagged in needs_verification.)
2. Buyer’s Equitable Interest
- Equitable title passes / equitable conversion recognized. California recognizes that the installment-land-contract buyer holds equitable title and an insurable, devisable, assignable interest, while the seller retains bare legal title as security. This security-device characterization is the foundation of Barkis and Petersen (petersen-v-hartell-1985, barkis-v-scott-1949). See equitable-conversion.
- Recordable / insurable. The buyer’s interest is recordable (Civ. Code §§ 1213–1215) and a vendee’s interest is insurable; title companies will insure a vendee’s equitable interest and the seller’s underlying fee. Recording protects the buyer’s priority against the seller’s later grantees and creditors.
- Risk of loss: Contract-governed in practice; California’s Uniform Vendor and Purchaser Risk of Loss Act (Civ. Code § 1662) allocates risk of loss in real-property sale contracts absent contrary agreement — generally the seller bears the risk until possession or legal title passes, but a land-contract buyer in possession typically bears it. Civ. Code § 1662, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1662. (Exact application of § 1662 to a vendee-in-possession land contract flagged in needs_verification.)
3. Default & Remedies → see forfeiture-vs-foreclosure
- Primary remedy: judicial action subject to the buyer’s redemption right — effectively treat-as-mortgage. Self-help forfeiture of a substantially-paid contract is not an available remedy.
- Forfeiture availability — essentially barred where the buyer has paid a substantial part. The
controlling rule: “Where the seller of land retains title only as security for amounts payable
under an installment sale contract, a vendee who willfully defaults … after having paid a
substantial part of the purchase price nonetheless retains an absolute right to redeem the property
by paying the entire balance of the price and any other amounts due.” Petersen v. Hartell, 40
Cal.3d 102 (1985) (petersen-v-hartell-1985),
https://scocal.stanford.edu/opinion/petersen-v-hartell-30722. A contractual forfeiture/“time is
of the essence” clause does not defeat this; even a non-willful defaulter gets relief under
Civ. Code § 3275 per Barkis v. Scott, 34 Cal.2d 116 (1949) (barkis-v-scott-1949),
https://scocal.stanford.edu/opinion/barkis-v-scott-29400.
- Substantial-equity bar — yes, judicially imposed. The bar is the Petersen/Barkis “substantial part of the purchase price” standard rather than a bright-line statutory percentage (contrast Texas’s 40%/48-payment line). The leading case is petersen-v-hartell-1985.
- Civ. Code § 3275 (relief from forfeiture on full compensation, except for grossly negligent/ willful/fraudulent breach) is the statutory anchor for non-willful defaulters, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=3275.; Petersen extends redemption to willful defaulters via the broader anti-forfeiture policy.
- Statutory cancellation regime: None specific to land contracts. California has no notice-and-cure statutory cancellation chapter for real property sales contracts (contrast Minnesota’s Stat. § 559.21 or Iowa’s Ch. 656). The remedy is judicial. (Confirmed absent by the structure of Chapter 2c, which contains no cancellation/cure provision.)
- Judicial foreclosure / quiet title required when: whenever the seller wants to clear the buyer’s interest after default. Petersen directs the seller to quiet title, with the buyer’s redemption exercisable before judgment or within a reasonable time thereafter set by the court (or, for a § 2985 contract not requiring conveyance within a year, as soon as the seller gives notice of election to terminate). The buyer can also compel specific performance by tendering the balance.
- Acceleration: Acceleration of the balance is generally enforceable as a contract term, but it does not enable forfeiture — it simply fixes the amount the buyer must tender to redeem. (No land-contract-specific acceleration statute retrieved; flagged in needs_verification.)
- Restitution offset on forfeiture/quiet title: Because forfeiture is barred, the operative framework is redemption (buyer pays balance) or restitution — Barkis recognized the innocently defaulting buyer’s choice of reinstatement or restitution of payments exceeding the seller’s actual damages. Forfeited-payment retention disproportionate to damages is an unenforceable penalty.
- Seller’s other remedies: quiet title subject to redemption; specific performance / suit for the price; judicial foreclosure of the vendor’s security interest; damages for actual loss. A seller may not obtain a deficiency “for failure of the purchaser to complete his or her contract of sale” — CCP § 580b(a)(1), https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=580b..
▸ For Sellers / Operators — California is a treat-as-mortgage state and the deal-defining facts are case-law, not a disclosure code. Internalize three things before you sell on terms: (1) You generally cannot forfeit. Once the buyer has paid a substantial part of the price, the buyer has an absolute right to redeem the full balance even after a willful default (Petersen, petersen-v-hartell-1985); your realistic path to the land is a quiet-title action subject to that redemption — i.e., functionally a foreclosure. (2) No deficiency. CCP § 580b bars a deficiency “for failure of the purchaser to complete his or her contract of sale,” so a self-help land contract gives you less recovery than a foreclosable note. (3) Watch the narrow statutory traps: the § 2985.5 term/tax-basis statement, the § 2985.51 Subdivision Map Act disclosure (9% interest + $500 penalty + voidability for omission), the non-waivable residential prepayment right (§ 2985.6), and the impound-trust duty (§ 2985.4). For most California operators, a note secured by a deed of trust (with the nonjudicial trustee’s-sale remedy) is strictly superior to a land contract — that is why land contracts are comparatively rare here.
▸ For Buyers — Your equity is well protected: you hold equitable title (§ 2), you have an absolute right to redeem by paying the balance even after default (Petersen), a non-waivable prepayment right on 1–4 unit homes (§ 2985.6), and the seller cannot pursue a deficiency (CCP § 580b). Record your interest (or a memorandum) promptly to protect priority (§§ 1213–1215).
3b. Remedies — Advanced
- Election of remedies: A seller electing to quiet title / cancel must honor the buyer’s redemption right; a seller electing specific performance / suit for the price keeps the contract alive. The seller cannot both keep the land and retain payments grossly exceeding actual damages (penalty doctrine; Barkis).
- Deficiency: Barred as to a buyer’s failure to complete the purchase — CCP § 580b(a)(1). The vendor’s recovery is limited to the security (the land) plus actual damages, not a personal money judgment for the price shortfall after recovering the land.
- Equitable relief from forfeiture (standard / leading cases): California courts routinely grant relief. Non-willful default → § 3275 relief on full compensation (Barkis v. Scott, barkis-v-scott-1949). Willful default after substantial payment → absolute redemption right (Petersen v. Hartell, petersen-v-hartell-1985). The unifying standard: the seller-as-secured- party is made whole by payment of the balance, so forfeiture “having no reasonable relation to the damage caused” is not allowed.
- Ejectment vs. eviction path: A defaulting land-contract buyer holds equitable title and is an owner, not a tenant, so the seller generally cannot use unlawful detainer (eviction) to recover possession; the dispute is a title/quiet-title matter. (California unlawful-detainer case authority specifically reclassifying a defaulting vendee flagged in needs_verification.)
- Quiet title after cancellation: The seller’s recovery mechanism is a quiet-title action (in superior court), in which the court fixes the buyer’s redemption window (Petersen). A recorded buyer’s interest must be cleared through that judgment.
- Forfeited payments treatment: A clause forfeiting all payments as liquidated damages is enforceable only to the extent it reasonably relates to actual damages; otherwise it is an unenforceable penalty, and the buyer recovers the excess (restitution) — Barkis. See also the general liquidated-damages limits of Civ. Code § 1671.
- Intervening seller-lien risk to buyer: Because the seller holds legal title, the seller’s judgment creditors and lenders can record liens that cloud the buyer’s title. The buyer’s protections are recording (§§ 1213–1215), §§ 2985.1–2985.3 (restrictions on the fee owner transferring/encumbering separately and on misapplying the buyer’s payments), and title insurance.
4. Federal Overlay (as applied in-state) → see dodd-frank-seller-financing, safe-act-mlo
- Dodd-Frank exposure: A California residential land contract is “credit”/seller financing under TILA and the CFPB Loan-Originator Rule. The federal ≤1-property (no balloon/no ATR) and ≤3-property (with ATR) seller-financer exclusions from the loan-originator definition apply in California as nationally — see dodd-frank-seller-financing for the 12 C.F.R. § 1026.36(a) thresholds. A volume operator (multiple owner-financed homes/12 months) loses the exclusion and must use a licensed MLO and meet ability-to-repay.
- SAFE Act / MLO licensing — dual-agency California structure. California administers residential-MLO licensing through two agencies: the Department of Real Estate (DRE) for MLOs operating under a real-estate license, and the Department of Financial Protection and Innovation (DFPI) under the California Financing Law (CFL) / California Residential Mortgage Lending Act (CRMLA). A seller-financer above the federal de-minimis threshold may need an RMLO endorsement through DRE or DFPI. DRE MLO/SAFE Act page, https://www.dre.ca.gov/Licensees/SafeAct.html; DFPI MLO FAQs, https://dfpi.ca.gov/regulated-industries/mortgage-loan-originators/mortgage-loan-originators-faqs/. See safe-act-mlo.
- State consumer-protection overlay: No dedicated CFD consumer-protection statute; the protections come from case law (Petersen/Barkis), the anti-deficiency statute (CCP § 580b), the Chapter 2c structural rules (§§ 2985.1–2985.6), and California’s general Unfair Competition Law (Bus. & Prof. Code § 17200) for deceptive seller-financing practices.
- CFPB enforcement notes: California land contracts are caught by the same 2016+ CFPB/state-AG scrutiny of predatory installment sales (e.g., Harbour Portfolio nationally); California’s strong anti-forfeiture and anti-deficiency posture already limits the abuse pattern.
5. Title, Recording & Wraps → see garn-st-germain-due-on-sale
- Memorandum recording: Permitted under the general recording statutes (§§ 1213–1215); a buyer commonly records a memorandum of contract or the contract itself to give constructive notice and protect priority. There is no prescribed CFD memorandum form and no recording deadline. Civ. Code § 1213, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1213.
- §§ 2985.1–2985.3 — fee-owner / encumbrance controls. The fee owner may not transfer the property without transferring the contract (and vice versa) except as security to a senior lien holder (§ 2985.1); a seller may not create undisclosed encumbrances exceeding the contract terms (§ 2985.2, criminal penalty up to $10,000 / 1 year); and a seller who collects installment payments while owing a senior secured obligation must apply the buyer’s payments to that obligation (§ 2985.3). Civ. Code § 2985.2, https://california.public.law/codes/civil_code_section_2985.2; § 2985.3, https://california.public.law/codes/civil_code_section_2985.3.
- Garn-St. Germain due-on-sale: A land contract / wrap is a “transfer” that can trigger the underlying lender’s due-on-sale clause under 12 U.S.C. § 1701j-3. The Garn-St. Germain residential exemptions (e.g., transfer into an inter vivos trust where the borrower stays a beneficiary) generally do not cover a sale-on-terms to a third-party buyer, so a California wrap carries acceleration risk. See garn-st-germain-due-on-sale.
- Underlying-mortgage / wrap: Permitted, but risky: due-on-sale exposure plus §§ 2985.2–2985.3 duties (apply payments to the senior lien; do not over-encumber). A buyer who discovers the seller pocketing payments while the senior lender forecloses has both the statutory criminal hook and civil remedies. Disclosure of the senior lien is essential.
- Deed delivery / marketable title at payoff: Title is conveyed by the seller’s warranty/grant deed delivered at payoff (or held in escrow for delivery on final payment); the buyer can compel conveyance by specific performance. At payoff the buyer is entitled to marketable title free of the seller’s liens.
- Title insurance: Available; vendee’s-interest and owner’s policies are obtainable from California title insurers. A buyer should obtain a policy and record promptly.
- Seller death / bankruptcy effect: The buyer’s recorded equitable interest survives; the seller’s estate or trustee takes subject to the recorded contract and must convey at payoff.
6. Tax Treatment
- IRC § 453 installment reporting: A California land contract is an installment sale; the seller reports gain ratably as principal is received, subject to the dealer exception (§ 453(b)(2), (l)). California conforms in substance for state income tax (FTB). See irc-453-installment-sale.
- Property tax responsibility: Buyer pays in practice (contract-governed). A land-contract sale is a “change in ownership” for Proposition 13 reassessment purposes — transfer of the beneficial/equitable interest triggers reassessment to current market value even though legal title is retained by the seller. Cal. Rev. & Tax. Code § 60–62 (change in ownership). (Exact R&T Code change-in-ownership subsection confirming a land contract triggers reassessment flagged in needs_verification — primary text not retrieved this run.)
- Homestead exemption for equitable owner: A land-contract buyer in possession as a principal residence is generally treated as the owner for California’s homestead protections and for the homeowners’ property-tax exemption. (Exact statutory basis — e.g., R&T Code § 218 homeowners’ exemption / CCP § 704.710 homestead — flagged in needs_verification.)
- Transfer / documentary tax: California’s Documentary Transfer Tax (Rev. & Tax. Code §§ 11901 et seq.) is imposed on transfers of realty for consideration; counties/cities also levy it. Whether it is due at contract or at the deed turns on local practice and when the beneficial interest passes; recording the contract can trigger the tax. (Exact timing rule for a land contract flagged in needs_verification.) No statewide mortgage-registration tax applies.
7. Bankruptcy & Death / Divorce
- Buyer bankruptcy: Characterization is contested nationally. Because California treats the land contract as a security device (the seller holds title as security, the buyer holds equitable ownership), it is most consistent with secured-debt treatment — the buyer can cure/pay through a Chapter 13 plan rather than face § 365 assumption/rejection as a mere executory contract — but the 9th Circuit / California bankruptcy courts have not uniformly resolved this. See forfeiture-vs-foreclosure. (California/9th-Cir.-specific bankruptcy holding flagged in needs_verification.)
- Seller bankruptcy: Buyer’s recorded equitable interest and §§ 2985.1–2985.3 protections generally survive; the trustee takes subject to the recorded contract and must convey at payoff.
- Assignability by buyer: Generally permitted subject to contract terms; the fee-owner transfer restriction (§ 2985.1) constrains the seller’s separate transfer, not primarily the buyer’s assignment. (Enforceability of an anti-assignment clause against a California vendee flagged in needs_verification.)
- Survivorship / divorce: The equitable interest is community or separate property like other realty and passes by the buyer’s estate plan or community-property rules; on divorce it is divided as a community asset/liability.
8. Case Law (real, verified)
| Case | Year | Topic | Holding (plain English) | Source |
|---|---|---|---|---|
| petersen-v-hartell-1985 | 1985 | forfeiture / redemption | A vendee who paid a substantial part of the price keeps an absolute right to redeem the land by paying the full balance even after a willful default; the seller (holding title as security) must allow redemption and proceed by quiet title — no forfeiture. | https://scocal.stanford.edu/opinion/petersen-v-hartell-30722 |
| barkis-v-scott-1949 | 1949 | relief from forfeiture (§ 3275) | A non-willfully defaulting vendee is entitled to relief from forfeiture under Civ. Code § 3275 (reinstate on full compensation, or restitution) despite a time-is-of-the-essence/forfeiture clause. | https://scocal.stanford.edu/opinion/barkis-v-scott-29400 |
- Petersen v. Hartell, 40 Cal.3d 102, 219 Cal.Rptr. 170, 707 P.2d 232 (1985). Supreme Court of California. Good law; the controlling California land-contract redemption authority.
- Barkis v. Scott, 34 Cal.2d 116, 208 P.2d 367 (1949). Supreme Court of California. Good law; the foundational anti-forfeiture (§ 3275) authority.
9. Edge Cases (state-specific notes)
- garn-st-germain-due-on-sale — A California wrap/land contract over an existing mortgage risks due-on-sale acceleration; the third-party-sale transfer is generally not within the residential exemptions.
- Treat-as-mortgage / no forfeiture — the single most important California rule: a substantially- paid land contract cannot be forfeited; the buyer has an absolute redemption right (Petersen).
- Anti-deficiency (CCP § 580b) — the seller cannot get a deficiency for the buyer’s failure to complete the purchase, narrowing the land contract’s value to the seller.
- No mandatory recording deadline — unlike Texas, California imposes no CFD-specific recording duty; protection flows from the general race-notice statutes (§§ 1213–1215), so the buyer should record promptly.
- Subdivision Map Act trap (§ 2985.51) — selling an illegally divided parcel on a land contract exposes the seller to restitution + 9% interest + $500 penalty + voidability + misdemeanor.
10. Operations
- Where records live: County Recorder’s office in each of California’s 58 counties; the contract or a memorandum is recorded there (Civ. Code §§ 1213–1215). No mandatory recording deadline.
- Public access: County recorder online indices; leginfo.legislature.ca.gov for the Civil Code / Code of Civil Procedure / Constitution; DRE and DFPI for MLO licensing; the county Assessor for Prop-13 reassessment on the change in ownership.
- Who may draft (UPL notes): California restricts non-lawyer drafting of conveyancing documents; real-estate brokers may fill in approved/standard forms incident to a transaction, but tailored land- contract terms are typically prepared by an attorney or under broker supervision. Filling blanks in a promulgated form is generally permitted; drafting bespoke terms risks UPL.
- Costs / timelines: County recording fees + Documentary Transfer Tax on the transfer; the controlling “timeline” is judicial — a quiet-title action with a court-set redemption window (Petersen), not a fixed statutory cure clock.
- Key agencies: County Recorder; County Assessor; DRE; DFPI; California Attorney General (consumer protection / UCL).
11. Meta
- sources:
- {type: statute, url: “https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=2985.”, retrieved: 2026-06-08}
- {type: statute, url: “https://california.public.law/codes/civil_code_section_2985.4”, retrieved: 2026-06-08}
- {type: statute, url: “https://california.public.law/codes/civil_code_section_2985.5”, retrieved: 2026-06-08}
- {type: statute, url: “https://california.public.law/codes/civil_code_section_2985.51”, retrieved: 2026-06-08}
- {type: statute, url: “https://california.public.law/codes/civil_code_section_2985.2”, retrieved: 2026-06-08}
- {type: statute, url: “https://california.public.law/codes/civil_code_section_2985.3”, retrieved: 2026-06-08}
- {type: statute, url: “https://california.public.law/codes/civil_code_section_2985.6”, retrieved: 2026-06-08}
- {type: statute, url: “https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=580b.”, retrieved: 2026-06-08}
- {type: statute, url: “https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1213.”, retrieved: 2026-06-08}
- {type: constitution, url: “https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CONS§ionNum=SECTION+1.&article=XV”, retrieved: 2026-06-08}
- {type: case, url: “https://scocal.stanford.edu/opinion/petersen-v-hartell-30722”, retrieved: 2026-06-08}
- {type: case, url: “https://scocal.stanford.edu/opinion/barkis-v-scott-29400”, retrieved: 2026-06-08}
- {type: agency, url: “https://www.dre.ca.gov/Licensees/SafeAct.html”, retrieved: 2026-06-08}
- {type: agency, url: “https://dfpi.ca.gov/regulated-industries/mortgage-loan-originators/mortgage-loan-originators-faqs/”, retrieved: 2026-06-08}
- needs_verification:
- Application of California’s general Transfer Disclosure Statement regime (Civ. Code §§ 1102 et seq.) and Natural Hazard Disclosure to a land-contract conveyance (primary text not retrieved this run).
- Precise judicial authority for the seller-carryback / time-price usury exemption (the constitutional text retrieved confirms the broker-arranged exemption and the 7%/10% caps, but not a carryback-specific clause).
- Exact application of the Uniform Vendor and Purchaser Risk of Loss Act (Civ. Code § 1662) to a vendee-in-possession land contract.
- California unlawful-detainer case authority confirming a defaulting land-contract vendee is an owner (title dispute) rather than a tenant subject to eviction.
- Land-contract-specific acceleration-clause authority.
- Exact Rev. & Tax. Code change-in-ownership subsection (§§ 60–62) confirming a land contract triggers Prop-13 reassessment.
- Statutory basis for the equitable owner’s homeowners’ property-tax exemption (R&T Code § 218) / homestead (CCP § 704.710).
- Documentary Transfer Tax timing for a land contract (due at contract/recording vs. at deed).
- California/9th-Circuit bankruptcy characterization (secured debt vs. § 365 executory contract) of a defaulting buyer’s land contract.
- Enforceability of an anti-assignment clause against a California vendee.
- Direct retrieval of official leginfo text for Civ. Code §§ 2985.1–2985.6 (this run relied on the california.public.law mirror for the .x subsections; § 2985, § 1213, § 580b, and art. XV § 1 were retrieved from official leginfo).
- open_questions:
- Post-Petersen, how do California courts measure the seller’s “other amounts due” (interest, taxes, fair rental offset) that the redeeming buyer must tender?
- Where the buyer has paid only a small part of the price, is straight forfeiture ever permitted, or does § 3275 / restitution still control the minimum recovery?
- cross_links: forfeiture-vs-foreclosure, equitable-conversion, dodd-frank-seller-financing, safe-act-mlo, garn-st-germain-due-on-sale, irc-453-installment-sale, petersen-v-hartell-1985, barkis-v-scott-1949, skendzel-v-marshall-1973, sebastian-v-floyd-1979
- changelog:
- 2026-06-08 — Initial authoring. Classified remedy regime
treat_as_mortgagefrom Petersen v. Hartell (40 Cal.3d 102) and Barkis v. Scott (34 Cal.2d 116) plus CCP § 580b anti-deficiency. Populated formation/disclosure from Civ. Code §§ 2985–2985.6 (§ 2985 + § 580b + § 1213 + art. XV § 1 from official leginfo; .x subsections from california.public.law mirror). Created case pages petersen-v-hartell-1985 and barkis-v-scott-1949.
- 2026-06-08 — Initial authoring. Classified remedy regime
Disclaimer. This page is legal information, not legal advice, and may be out of date. Contract-for-deed statutes are frequently amended and remedies turn on facts. Consult a licensed attorney in this jurisdiction before drafting, enforcing, or signing an installment land contract.