1. (a) Offer at Priority 8. When Priority 8 is specified as the next priority by §§ 1477.1, 1477.2, or 1477.3, as applicable, then all Surplus Properties not already sold shall be next offered to any other buyer pursuant to Streets and Highways Code § 118, with preference given to the highest responsive bidder who will be an owner occupant, pursuant to this section.

2. (b) Owner Occupant Buyers. A Surplus Property shall be offered to the bidder who:

   1. (1) has not purchased a property pursuant to this chapter;
   2. (2) signs an affidavit attesting to their desire to be an owner occupant of the property;
   3. (3) submits the highest sealed bid; and
   4. (4) exceeds 75% of the Department's appraised value for the property or the Minimum Sales Price, whichever is higher.

3. (c) Other Buyers. If a Surplus Property is not sold to a person described in (b), then it shall be offered to the bidder who:

   1. (1) submits the highest sealed bid; and
   2. (2) exceeds 75% of the Department's appraised value for the property or the Minimum Sales Price, whichever is higher.
4. (d) No Warranty. Any Priority 8 sale is “as-is” and without warranty.

Note: Authority cited: Sections 54237, 54237.10, 54239.1, 54239.4, 54239.5 and 54239.6, Government Code. Reference: Sections 54236, 54237, 54239.1, 54239.4, 54239.5 and 54239.6, Government Code; Streets and Highways Code, § 118; and Article XVI Section 6, California Constitution.

History

1. New section filed 7-26-2016; operative 7-26-2016 pursuant to Government Code section 11343.4(b)(3) (Register 2016, No. 31).

2. Repealer and new section filed 12-13-2021 as an emergency; operative 12-13-2021 (Register 2021, No. 51). Pursuant to Government Code Section 54237.10, this is a statutorily deemed emergency and the emergency language remains in effect until 12-14-2023. A Certificate of Compliance must be transmitted to OAL by 12-13-2023 or emergency language will be repealed by operation of law on the following day.

3. Amendment of subsection (a) and Note filed 4-7-2022 as an emergency; operative 4-7-2022 (Register 2022, No. 14). Pursuant to Government Code section 54239.4(f), this is a statutorily deemed emergency and the emergency language remains in effect until 4-7-2024. A Certificate of Compliance must be transmitted to OAL by 4-7-2024 or emergency language will be repealed by operation of law on the following day.

4. Pursuant to Government Code section 54239.5(e)(3), as added by Senate Bill 959 (Stats. 2022, Ch. 668), a Certificate of Compliance must be transmitted to OAL by 9-30-2024 or language of the emergency order of 12-13-2021 (Register 2021, No. 51) and emergency order of 4-7-2022 (Register 2022, No. 14) will be repealed by operation of law on the following day (Register 2023, No. 27).

5. Pursuant to Government Code section 54237.10(c), as added by Assembly Bill 1038 (Stats. 2024, Ch. 347), a Certificate of Compliance must be transmitted to OAL by 1-31-2026 or the language in the emergency order of 12-13-2021 (Register 2021, No. 51) and emergency order of 4-7-2022 (Register 2022, No. 14) will be repealed by operation of law on the following day (Register 2024, No. 41).

6. Certificate of Compliance as to 12-13-2021 order and 4-7-2022 order, including amendment of subsection (d) and Note, transmitted to OAL 6-25-2025 and filed 8-7-2025; operative 8-7-2025 pursuant to Government Code section 11343.4(b)(3) (Register 2025, No. 32).