§ 4974. — 4974. (Amended by Stats. 2001, Ch. 733, Sec. 3.)

California § 4974.

• Jurisdiction: California
• Code FIN: Financial Code - FIN
• Div. 1.7.: DIVISION 1.7. COVERED LOANS
• Ch. 3.: CHAPTER 3. Enforcement

Text

(a)
Any compliance failure that was not willful or intentional and resulted from a bona fide error, that occurred notwithstanding the maintenance of procedures reasonably adopted to avoid those errors, including, but not limited to, those involving clerical, calculation, computer malfunction and programming, and printing errors shall be corrected no later than 45 days after receipt of the complaint or discovery of the error. A person who originates a covered loan shall not be administratively, civilly, or criminally liable for a bona fide
error corrected pursuant to this section.
(b)
If a person who originates covered loans makes a loan where the person knew of and showed reckless disregard for a violation of this division by a broker, the person and broker shall be jointly and severally liable for all damages awarded under this division with respect to the broker’s unlawful conduct.
This section does not impose or transfer liability for a breach of the broker’s fiduciary duty.

Legislative History

Amended by Stats. 2001, Ch. 733, Sec. 3. Effective January 1, 2002. Applicable, by Sec. 10 of Ch. 733, only to covered loans applied for on or after July 1, 2002.