§ 1582.Validity of Agreement to Locate, Deliver Or Recover Property Reported
Title 10. Unclaimed Property · Chapter 7. Unclaimed Property Law · Article 7. Miscellaneous · Last amended 2023 · Last verified July 29, 2026
Full Text of § 1582
Plain-English Summary
Locator services that track down owners of unclaimed property and charge a fee for the tip have their own history of overreaching, and this section reins that in. Once a holder's report on specific property has been filed but before the Controller has paid or delivered that property, any agreement to help the owner locate, recover, or claim it is void, and so is any agreement, whenever signed, that demands the owner pay before the Controller has approved and paid the claim. The idea is to keep a locator from collecting a fee for information the owner could otherwise get free once the property becomes public record.
A locator agreement signed after the Controller has already paid or delivered the property can still be enforced, but only if it meets specific safeguards: it must be in writing, disclose the nature and value of the property along with where the owner can go claim it directly from the Controller, be signed by the owner only after receiving that disclosure, and charge no more than 10 percent of what's recovered. Owners keep the right to challenge any such agreement later as based on an excessive or unjust fee. The section also protects owners' privacy in the interim: the Controller's unclaimed property records stay closed to public inspection or copying until the property's notice is published, or, if no notice is required, until a year after the Controller receives the property.
Frequently Asked Questions
When is a locator agreement to help find unclaimed property automatically void?
When it's entered into between the filing of the report and the payment or delivery of the property, or when it requires the owner to pay before the Controller approves and pays the claim.
What must a valid locator agreement signed after payment include?
A written disclosure of the property's nature and value and where the owner can claim it directly, the owner's signature after receiving that disclosure, and a fee no higher than 10 percent of the recovered property.
Is there a cap on what a locator can charge?
Yes. Ten percent of the recovered property for an agreement signed after payment or delivery.
Can an owner challenge a locator agreement even if it meets these requirements?
Yes. An owner can still assert at any time that the agreement is based on excessive or unjust consideration.
Are the Controller's unclaimed property records open to the public right away?
No. They're closed to inspection or copying until notice of the property is published, or, if no notice is required, until a year after the property is delivered to the Controller.
Amendment History
Amended by Stats 2022 ch 282 (AB 2280),s 5, eff. 1/1/2023. Amended by Stats. 1990, Ch. 450, Sec. 16. Effective July 31, 1990.