(a) “Subdivided lands” and “subdivision,” as defined by Sections 11000 and 11004.5, also include improved or unimproved land or lands, a lot or lots, or a parcel or parcels, of any size, in which, for the purpose of sale or lease or financing, whether immediate or future, five or more undivided interests are created or are proposed to be created.
(b) This section does not apply to the creation or proposed creation of undivided interests in land if any one of the following conditions exists:
(1) The undivided interests are held or to be held by persons related one to the other by blood or marriage.
(2) The undivided interests are to be purchased and owned solely by persons who present evidence satisfactory to the Real Estate Commissioner that they are knowledgeable and experienced investors who comprehend the nature and extent of the risks involved in the ownership of these interests. The Real Estate Commissioner shall grant an exemption from this part if the undivided interests are to be purchased by no more than 10 persons, each of whom furnishes a signed statement to the commissioner that the person (A) is fully informed concerning the real property to be acquired and the person’s interest in that property including the risks involved in ownership of undivided interests, (B) is purchasing the interest or interests for the person’s own account and with no present intention to resell or otherwise dispose of the interest for value, and (C) expressly waives protections afforded to a purchaser by this part.
(3) The undivided interests are created as the result of a foreclosure sale.
(4) The undivided interests are created by a valid order or decree of a court.
(5) The offering and sale of the undivided interests have been expressly qualified by the issuance of a permit from the Commissioner of Business Oversight pursuant to the Corporate Securities Law of 1968 (Division 1 (commencing with Section 25000) of Title 4 of the Corporations Code).
(Amended by Stats. 2019, Ch. 143, Sec. 10. (SB 251) Effective January 1, 2020.)
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