Acts constituting violations - Voidable by buyer when.
San José Municipal Code § 19.44.010
in effect19.44.010 - Acts constituting violations - Voidable by buyer when.
A. Any deed of conveyance, sale or contract to sell real property which has been divided or which has resulted from a division in violation of the provisions of the Subdivision Map Act or of this Title 19 is voidable at the sole option of the grantee, buyer or person contracting to purchase, his heirs, personal representative or trustee in insolvency or bankruptcy within one year after the date of discovery of the violation of the Subdivision Map Act or of this title, but the deed of conveyance, sale or contract to sell is binding upon any successor in interest of the grantee, buyer or person contracting to purchase, other than those above enumerated, and upon the grantor, vendor or person contracting to sell, or his assignee, heir or devisee.
B. Any grantee, or his successor in interest, of real property which has been divided or which has resulted from a division in violation of the provisions of the Subdivision Map Act or of this title may, within one year of the date of discovery of such violation, bring an action in the Superior Court to recover any damages he has suffered by reason of such division of property. The action may be brought against the person who divided the property in violation of the provisions of the Subdivision Map Act or of this title, and against any successors in interest who have actual or constructive knowledge of such division of property.
C. The provisions of this section shall not apply to the conveyance of any parcel of real property identified in a certificate of compliance filed pursuant to Section 19.40.100, or identified in a recorded final subdivision map or parcel map, from and after the date of recording. The provisions of this section shall not limit or affect in any way the rights of a grantee or his successor in interest under any other provision of law.
(Prior code § 9291.)
Source: City of San José, Municipal Code (Municode Library, library.municode.com)URL: https://library.municode.com/ca/san_jose/codes/code_of_ordinances?nodeId=TIT19SU_CH19.44VIPE_19.44.010ACCOVIOIBUWHFetched: 11/1/2026