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M 4j.�M1 <br /> 41 <br /> NOTICE <br /> Section 12413.1 Of the California Insurance Code effective January 1, 1990,requires that any Title Insurance Company,underwritten Title <br /> Company,or controlled Escrow Company handling funds in an escrow or sub-escrow capacity,wait a specified number of days after depositing <br /> funds,before recording any documents in connection with the transaction or disbursing funds. This statute allows for funds deposited by wire <br /> transfer to be disbursed the same day as deposit. In the case of cashier's checks or certified checks,funds may be disbursed the next day after <br /> deposit. In order to avoid unnecessary delays of three to seven days,or more, please use wire transfer, cashier's checks,or certified checks <br /> whenever possible. <br /> If you have any questions about the effect of this new law,please contact your local First American Office for more details. <br /> In accordancewith Sections 18662 and 18668 of the Revenue and Taxation Code,a buyer may be required to withhold an amount equal to three <br /> and one-third percent of the sales price in the case of the disposition of California real property interest by either: <br /> 1.A seller who is an individual with a last known street address outside of California or when the disbursement instructions authorize <br /> the proceeds be sent to a financial intermediary of the seller, OR <br /> 2. A corporate seller which has no permanent place of business in California. <br /> The buyer may become subject to penalty for failure to withhold an amount equal to the greater of 10 percent of the amount required <br /> to be withheld or five hundred dollars($500). <br /> N However, notwithstanding any other provision included in the California statutes referenced above, no buyer will be required to <br /> withhold any amount or be subject to penalty for failure to withhold if: <br /> v 1. The sales price of the California real property conveyed does not exceed one hundred thousand dollars($100,000.00),OR <br /> 2. The seller executes a written certificate,under the penalty of perjury,certifying that the seller is a resident of California,or if a <br /> corporation,has a permanent place of business in California,OR <br /> 3.The seller,who is an individual,executes a written certificate,underthe penalty of perjury,that the California real property being <br /> conveyed is the seller's principal residence(as defined in Section 1034 of the Internal Revenue Code.) <br /> The seller is subject to penalty for knowingly filing a fraudulent certificate for the purpose of avoiding the withholding requirement. <br /> The California statutes referenced above include provisions which authorize the Franchise Tax Board to gran/reduced withholding <br /> and waivers from withholding on a case-by-case basis. <br /> The parties to this transaction should seek an attorney's accountant's,or other tax specialist's opinion concerning the effect of this <br /> law on this transaction and should not act on any statements made or omitted by the escrow or closing officer. <br /> Form No. 4001(12/91) <br />