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HomeCivil CodeDiv. 2Pt. 4Ch. 5§ 1228 Fraudulent Instrument Protection Limits

§ 1228 Fraudulent Instrument Protection Limits

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

§ 1228 Fraudulent Instrument Protection Limits

This law says that if someone buys something or gets a loan, they can't get out of it just because someone else was tricked, unless they were part of the trick.

Key Takeaways

  • •If you buy something or get a loan, you usually can't back out just because someone else was tricked.
  • •You can only back out if you were part of the trick.
  • •This law is about making sure people stick to their deals.

Example

Imagine you buy a house, and later find out the seller tricked the previous owner. You can't just say 'I didn't know' and get out of buying the house.

Unless you were part of the trick, you still have to follow the deal you made.

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

Official Source
View on CA.gov

§ 1228 Fraudulent Instrument Protection Limits

No instrument is to be avoided under the last section, in favor of a subsequent purchaser or incumbrancer having notice thereof at the time his purchase was made, or his lien acquired, unless the person in whose favor the instrument was made was privy to the fraud intended. (Enacted 1872.)

Last verified: January 9, 2026

Key Terms

instrumentsubsequent purchaserincumbrancerprivy to the fraud

Related Statutes

  • § 1227 Fraudulent Real Property Transfers
  • § 4725 Satellite Dish Installation Rights
  • § 885.030 Termination Power Expiration
  • § 1229 Power To Revoke Property Grants
  • § 1230 Revocation Power Execution Timing

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Civil Code. Section 1228.
View Official Source