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HomeCivil CodeDiv. 2Pt. 4Ch. 2Art. 1§ 1097 Property Transfer Fee Limits

§ 1097 Property Transfer Fee Limits

Civil Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 1097 Property Transfer Fee Limits

This law says that no one can charge more than $10 for signing papers when buying, canceling, or reconveying a single‑family home, and it only applies to contracts made after the law was passed.

Key Takeaways

  • •The $10 cap applies only to single‑family residential properties.
  • •It covers fees for signing and delivering documents related to buying, canceling, or reconveying the property.
  • •The rule only affects contracts entered into after the law was enacted.

Example

A buyer pays $12 to a notary to sign the deed when exercising an option to purchase a house.

Because the fee charged is $12, which is more than the $10 limit, the payment violates the statute.

How to Calculate

Maximum allowed fee = $10

  1. Identify the fee that is being charged for signing the document.
  2. Compare that fee to $10.
  3. If the fee is greater than $10, it exceeds the limit and is not allowed.

A seller charges $15 for signing a reconveyance document.

Result: 15 > 10, so the fee exceeds the allowed amount and violates the law.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 1097 Property Transfer Fee Limits

No vendor or lessor of a single family residential property shall contract for or exact any fee in excess of ten dollars ($10) for the act of signing and delivering a document in connection with the transfer, cancellation or reconveyance of any title or instrument at the time the buyer or lessee exercises an option to buy, or completes performance of the contract for the sale of, the property. The provisions of this section shall apply prospectively only. (Added by Stats. 1965, Ch. 352.)

Last verified: January 9, 2026

Key Terms

vendorlessorsingle family residential propertyfee in excess of ten dollars ($10)transfercancellationreconveyancetitle or instrumentoption to buycompletes performance of the contract

Related Statutes

  • § 699 Future Interest Transfers
  • § 1091 Real Property Transfer Requirements
  • § 1092 Real Property Grant Form
  • § 1093 Property Description Consolidation
  • § 1095 Attorney Real Property Transfers

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Civil Code. Section 1097.
View Official Source