TITLE 5. EXTINCTION OF CONTRACTS [1682. - 1701.]

Title 5 enacted 1872.

§§ 1682–1701 · 58 sections

1. CHAPTER 1. Contracts, How Extinguished § 1682 · 1 section

   • § 1682 A contract may be extinguished in like manner with any other obligation, and also in the manner prescribed by this Title.
2. CHAPTER 2. Rescission §§ 1688–1693 · 24 sections

   • § 1688 A contract is extinguished by its rescission.
   • § 1689 (a) A contract may be rescinded if all the parties thereto consent. (b) A party to a contract may rescind the contract in the following cases: (1) If the…
   • § 1689.2 A participant in an endless chain scheme, as defined in Section 327 of the Penal Code, may rescind the contract upon which the scheme is based, and may recover…
   • § 1689.3 Any patient who contracts directly with a dental office or plan for services may rescind the contract or plan until midnight of the third business day after…
   • § 1689.5 As used in Sections 1689.6 to 1689.11, inclusive, and in Section 1689.14, all of the following definitions apply: (a) “Home solicitation contract or offer”…
   • § 1689.6 (a) (1) Except for a contract written pursuant to Section 7151.2 or 7159.10 of the Business and Professions Code, in addition to any other right to revoke an…
   • § 1689.7 (a) (1) Except for contracts written pursuant to Sections 7151.2 and 7159.10 of the Business and Professions Code, in a home solicitation contract or offer,…
   • § 1689.8 (a) Every home solicitation contract or offer for home improvement goods or services which provides for a lien on real property is subject to the provisions of…
   • § 1689.9 Where the goods sold under any home solicitation contract are so affixed to real property as to become a part thereof, whether or not severable therefrom, the…
   • § 1689.10 (a) Except as provided in Sections 1689.6 to 1689.11, inclusive, within 10 days after a home solicitation contract or offer has been canceled, the seller must…
   • § 1689.11 (a) Except as provided in subdivision (c) of Section 1689.10, within 20 days after a home solicitation contract or offer has been canceled, the buyer, upon…
   • § 1689.12 Any waiver or confession of judgment of the provisions of Sections 1689.5 to 1689.11, inclusive, shall be deemed contrary to public policy and shall be void…
   • § 1689.13 Sections 1689.5, 1689.6, 1689.7, 1689.10, 1689.12, and 1689.14 do not apply to a contract that meets all of the following requirements: (a) The contract is…
   • § 1689.14 (a) Any home solicitation contract or offer for the repair or restoration of residential premises signed by the buyer on or after the date on which a disaster…
   • § 1689.15 Notwithstanding any other provision of law, a contractor who is duly licensed pursuant to Chapter 9 (commencing with Section 7000) of Division 3 of the…
   • § 1689.20 (a) (1) In addition to any other right to revoke an offer, the buyer has the right to cancel a seminar sales solicitation contract or offer until midnight of…
   • § 1689.21 (a) In a seminar sales solicitation contract or offer, the buyer’s agreement or offer to purchase shall be written in the same language, e.g., Spanish, as…
   • § 1689.22 (a) Except as provided in Sections 1689.20 and 1689.21, within 10 days after a seminar sales solicitation contract or offer has been cancelled, the seller must…
   • § 1689.23 (a) Except as provided in subdivision (c) of Section 1689.22, within 20 days after a seminar sales solicitation contract or offer has been canceled, the buyer,…
   • § 1689.24 As used in Sections 1689.20 to 1689.23, inclusive: (a) “Seminar sales solicitation contract or offer” means any contract, whether single or multiple, or any…
   • § 1690 A stipulation that errors of description shall not avoid a contract, or shall be the subject of compensation, or both, does not take away the right of…
   • § 1691 Subject to Section 1693, to effect a rescission a party to the contract must, promptly upon discovering the facts which entitle him to rescind if he is free…
   • § 1692 When a contract has been rescinded in whole or in part, any party to the contract may seek relief based upon such rescission by (a) bringing an action to…
   • § 1693 When relief based upon rescission is claimed in an action or proceeding, such relief shall not be denied because of delay in giving notice of rescission unless…
3. CHAPTER 2.1. Dating Service Contracts §§ 1694–1694.4 · 5 sections

   • § 1694 (a) As used in this chapter, a dating service contract is any contract with any organization that offers dating, matrimonial, or social referral services by…
   • § 1694.1 (a) In addition to any other right to revoke an offer, the buyer has the right to cancel a dating service contract or offer, until midnight of the third…
   • § 1694.2 (a) A dating service contract shall be in writing, which, in the case of an online dating service contract, may be an electronic writing made available for…
   • § 1694.3 (a) Every dating service contract shall contain language providing that: (1) If by reason of death or disability the buyer is unable to receive all services…
   • § 1694.4 (a) Any contract for dating services which does not comply with this chapter is void and unenforceable. (b) Any contract for dating services entered into under…
4. CHAPTER 2.2. Weight Loss Contracts §§ 1694.5–1694.9 · 5 sections

   • § 1694.5 (a) As used in this chapter, a weight loss contract is a contract with any weight loss program or center that offers any of the following: (1) Instruction,…
   • § 1694.6 (a) In addition to any other right to revoke an offer, the buyer has the right to cancel a weight loss contract or offer until midnight of the third business…
   • § 1694.7 (a) A weight loss contract shall be in writing. A copy of the contract shall be provided to the buyer at the time he or she signs the contract. (b) Every…
   • § 1694.8 Every weight loss contract shall contain language providing that: (a) If by reason of death or disability the buyer is unable to receive all services for which…
   • § 1694.9 (a) Any contract for weight loss services which does not comply with this chapter is void and unenforceable. (b) Any contract for weight loss services entered…
5. CHAPTER 2.5. Home Equity Sales Contracts §§ 1695–1695.17 · 18 sections

   • § 1695 (a) The Legislature finds and declares that homeowners whose residences are in foreclosure have been subjected to fraud, deception, and unfair dealing by home…
   • § 1695.1 The following definitions apply to this chapter: (a) “Equity purchaser” means any person who acquires title to any residence in foreclosure, except a person…
   • § 1695.2 Every contract shall be written in letters of a size equal to 10-point bold type, in the same language principally used by the equity purchaser and equity…
   • § 1695.3 Every contract shall contain the entire agreement of the parties and shall include the following terms: (a) The name, business address, and the telephone…
   • § 1695.4 (a) In addition to any other right of rescission, the equity seller has the right to cancel any contract with an equity purchaser until midnight of the fifth…
   • § 1695.5 (a) The contract shall contain in immediate proximity to the space reserved for the equity seller’s signature a conspicuous statement in a size equal to at…
   • § 1695.6 (a) The contract as required by Sections 1695.2, 1695.3, and 1695.5, shall be provided and completed in conformity with those sections by the equity purchaser.…
   • § 1695.7 An equity seller may bring an action for the recovery of damages or other equitable relief against an equity purchaser for a violation of any subdivision of…
   • § 1695.8 Any equity purchaser who violates any subdivision of Section 1695.6 or who engages in any practice which would operate as a fraud or deceit upon an equity…
   • § 1695.9 The provisions of this chapter are not exclusive and are in addition to any other requirements, rights, remedies, and penalties provided by law.
   • § 1695.10 Any waiver of the provisions of this chapter shall be void and unenforceable as contrary to the public policy.
   • § 1695.11 If any provision of this chapter, or if any application thereof to any person or circumstance is held unconstitutional, the remainder of this chapter and the…
   • § 1695.12 In any transaction in which an equity seller purports to grant a residence in foreclosure to an equity purchaser by any instrument which appears to be an…
   • § 1695.13 It is unlawful for any person to initiate, enter into, negotiate, or consummate any transaction involving residential real property in foreclosure, as defined…
   • § 1695.14 (a) In any transaction involving residential real property in foreclosure, as defined in Section 1695.1, which is in violation of Section 1695.13 is voidable…
   • § 1695.15 (a) An equity purchaser is liable for all damages resulting from any statement made or act committed by the equity purchaser’s representative in any manner…
   • § 1695.16 (a) Any provision of a contract which attempts or purports to limit the liability of the equity purchaser under Section 1695.15 shall be void and shall at the…
   • § 1695.17 (a) Any representative, as defined in subdivision (b) of Section 1695.15, deemed to be the agent or employee, or both the agent and the employee of the equity…
6. CHAPTER 3. Modification and Cancellation §§ 1697–1701 · 5 sections

   • § 1697 A contract not in writing may be modified in any respect by consent of the parties, in writing, without a new consideration, and is extinguished thereby to the…
   • § 1698 (a) A contract in writing may be modified by a contract in writing. (b) A contract in writing may be modified by an oral agreement to the extent that the oral…
   • § 1699 The destruction or cancellation of a written contract, or of the signature of the parties liable thereon, with intent to extinguish the obligation thereof,…
   • § 1700 The intentional destruction, cancellation, or material alteration of a written contract, by a party entitled to any benefit under it, or with his consent,…
   • § 1701 Where a contract is executed in duplicate, an alteration or destruction of one copy, while the other exists, is not within the provisions of the last section.