Facts: A buyer entered into a purchase option agreement for raw land with a trust granting the buyer a five-year option to purchase up to seven acres of the trust’s property in exchange for an option fee. The option violated the Subdivision Map Act (SMA) by failing to require the buyer to file a parcel map application as a condition for exercising the option. Later, the trustee passed away and the buyer and a successor trustee amended the option to extend it four more years. The amendment also included a provision requiring the buyer to submit a parcel map application prior to any conveyance of the real estate to be in compliance with the SMA. The buyer filed a parcel map application and paid the option fee. The successor trustee passed away and a newly appointed successor trustee opposed the option and the application.

Claim: The buyer sought to exercise the option, claiming the option was enforceable since the buyer satisfied the SMA filing requirement when the option was amended.

Counter claim: The successor trustee claimed the option was unenforceable due to the original option’s violation of the SMA.

Holding: The California Court of Appeals held the amended option was enforceable since it was amended to comply with the SMA.  [Corrie v. Soloway (2013) ___ CA4th___]