PART 2. CONTRACTS [1549. - 1701.]
Part 2 enacted 1872.
§§ 1549–1701 · 202 sections
TITLE 1. NATURE OF A CONTRACT §§ 1549–1615 · 52 sections
CHAPTER 1. Definition §§ 1549–1550.5 · 3 sections
- § 1549 A contract is an agreement to do or not to do a certain thing.
- § 1550 It is essential to the existence of a contract that there should be: 1. Parties capable of contracting; 2. Their consent; 3. A lawful object; and, 4. A…
- § 1550.5 (a) The Legislature finds and declares all of the following: (1) The Compassionate Use Act of 1996, an initiative measure enacted by the approval of…
CHAPTER 2. Parties §§ 1556–1559 · 4 sections
- § 1556 All persons are capable of contracting, except minors, persons of unsound mind, and persons deprived of civil rights.
- § 1557 (a) The capacity of a minor to contract is governed by Division 11 (commencing with Section 6500) of the Family Code. (b) The capacity of a person of unsound…
- § 1558 It is essential to the validity of a contract, not only that the parties should exist, but that it should be possible to identify them.
- § 1559 A contract, made expressly for the benefit of a third person, may be enforced by him at any time before the parties thereto rescind it.
CHAPTER 3. Consent §§ 1565–1590 · 29 sections
- § 1565 The consent of the parties to a contract must be: 1. Free; 2. Mutual; and, 3. Communicated by each to the other.
- § 1566 A consent which is not free is nevertheless not absolutely void, but may be rescinded by the parties, in the manner prescribed by the Chapter on Rescission.
- § 1567 An apparent consent is not real or free when obtained through: 1. Duress; 2. Menace; 3. Fraud; 4. Undue influence; or, 5. Mistake.
- § 1568 Consent is deemed to have been obtained through one of the causes mentioned in the last section only when it would not have been given had such cause not…
- § 1568.5 A representation by a minor that the minor’s parent or legal guardian has consented shall not be considered to be consent for purposes of this chapter.
- § 1569 Duress consists in any of the following: (a) Unlawful confinement of the person of the party, or of the spouse of such party, or of an ancestor, descendant, or…
- § 1570 Menace consists in a threat: 1. Of such duress as is specified in Subdivisions 1 and 3 of the last section; 2. Of unlawful and violent injury to the person or…
- § 1571 Fraud is either actual or constructive.
- § 1572 Actual fraud, within the meaning of this Chapter, consists in any of the following acts, committed by a party to the contract, or with his connivance, with…
- § 1573 Constructive fraud consists: 1. In any breach of duty which, without an actually fraudulent intent, gains an advantage to the person in fault, or any one…
- § 1574 Actual fraud is always a question of fact.
- § 1575 Undue influence consists: 1. In the use, by one in whom a confidence is reposed by another, or who holds a real or apparent authority over him, of such…
- § 1576 Mistake may be either of fact or law.
- § 1577 Mistake of fact is a mistake, not caused by the neglect of a legal duty on the part of the person making the mistake, and consisting in: 1. An unconscious…
- § 1578 Mistake of law constitutes a mistake, within the meaning of this Article, only when it arises from: 1. A misapprehension of the law by all parties, all…
- § 1579 Mistake of foreign laws is a mistake of fact.
- § 1580 Consent is not mutual, unless the parties all agree upon the same thing in the same sense. But in certain cases defined by the Chapter on Interpretation, they…
- § 1581 Consent can be communicated with effect, only by some act or omission of the party contracting, by which he intends to communicate it, or which necessarily…
- § 1582 If a proposal prescribes any conditions concerning the communication of its acceptance, the proposer is not bound unless they are conformed to; but in other…
- § 1583 Consent is deemed to be fully communicated between the parties as soon as the party accepting a proposal has put his acceptance in the course of transmission…
- § 1584 Performance of the conditions of a proposal, or the acceptance of the consideration offered with a proposal, is an acceptance of the proposal.
- § 1584.5 No person, firm, partnership, association, or corporation, or agent or employee thereof, shall, in any manner, or by any means, offer for sale goods, wares,…
- § 1584.6 If a person is a member of an organization which makes retail sales of any goods, wares, or merchandise to its members, and the person notifies the…
- § 1585 An acceptance must be absolute and unqualified, or must include in itself an acceptance of that character which the proposer can separate from the rest, and…
- § 1586 A proposal may be revoked at any time before its acceptance is communicated to the proposer, but not afterwards.
- § 1587 A proposal is revoked by any of the following: (a) By the communication of notice of revocation by the proposer to the other party, in the manner prescribed by…
- § 1588 A contract which is voidable solely for want of due consent, may be ratified by a subsequent consent.
- § 1589 A voluntary acceptance of the benefit of a transaction is equivalent to a consent to all the obligations arising from it, so far as the facts are known, or…
- § 1590 Where either party to a contemplated marriage in this State makes a gift of money or property to the other on the basis or assumption that the marriage will…
CHAPTER 4. Object of a Contract §§ 1595–1599 · 5 sections
- § 1595 The object of a contract is the thing which it is agreed, on the part of the party receiving the consideration, to do or not to do.
- § 1596 The object of a contract must be lawful when the contract is made, and possible and ascertainable by the time the contract is to be performed.
- § 1597 Everything is deemed possible except that which is impossible in the nature of things.
- § 1598 Where a contract has but a single object, and such object is unlawful, whether in whole or in part, or wholly impossible of performance, or so vaguely…
- § 1599 Where a contract has several distinct objects, of which one at least is lawful, and one at least is unlawful, in whole or in part, the contract is void as to…
CHAPTER 5. Consideration §§ 1605–1615 · 11 sections
- § 1605 Any benefit conferred, or agreed to be conferred, upon the promisor, by any other person, to which the promisor is not lawfully entitled, or any prejudice…
- § 1606 An existing legal obligation resting upon the promisor, or a moral obligation originating in some benefit conferred upon the promisor, or prejudice suffered by…
- § 1607 The consideration of a contract must be lawful within the meaning of Section 1667.
- § 1608 If any part of a single consideration for one or more objects, or of several considerations for a single object, is unlawful, the entire contract is void.
- § 1609 A consideration may be executed or executory, in whole or in part. In so far as it is executory it is subject to the provisions of Chapter IV of this Title.
- § 1610 When a consideration is executory, it is not indispensable that the contract should specify its amount or the means of ascertaining it. It may be left to the…
- § 1611 When a contract does not determine the amount of the consideration, nor the method by which it is to be ascertained, or when it leaves the amount thereof to…
- § 1612 Where a contract provides an exclusive method by which its consideration is to be ascertained, which method is on its face impossible of execution, the entire…
- § 1613 Where a contract provides an exclusive method by which its consideration is to be ascertained, which method appears possible on its face, but in fact is, or…
- § 1614 A written instrument is presumptive evidence of a consideration.
- § 1615 The burden of showing a want of consideration sufficient to support an instrument lies with the party seeking to invalidate or avoid it.
TITLE 2. MANNER OF CREATING CONTRACTS §§ 1619–1633 · 18 sections
- § 1619 A contract is either express or implied.
- § 1620 An express contract is one, the terms of which are stated in words.
- § 1621 An implied contract is one, the existence and terms of which are manifested by conduct.
- § 1622 All contracts may be oral, except such as are specially required by statute to be in writing.
- § 1623 Where a contract, which is required by law to be in writing, is prevented from being put into writing by the fraud of a party thereto, any other party who is…
- § 1624 (a) The following contracts are invalid, unless they, or some note or memorandum thereof, are in writing and subscribed by the party to be charged or by the…
- § 1624.5 (a) Except in the cases described in subdivision (b), a contract for the sale of personal property is not enforceable by way of action or defense beyond five…
- § 1625 The execution of a contract in writing, whether the law requires it to be written or not, supersedes all the negotiations or stipulations concerning its matter…
- § 1626 A contract in writing takes effect upon its delivery to the party in whose favor it is made, or to his agent.
- § 1627 The provisions of the Chapter on Transfers in General, concerning the delivery of grants, absolute and conditional, apply to all written contracts.
- § 1628 A corporate or official seal may be affixed to an instrument by a mere impression upon the paper or other material on which such instrument is written.
- § 1629 All distinctions between sealed and unsealed instruments are abolished.
- § 1630 Except as provided in Section 1630.5, a printed contract of bailment providing for the parking or storage of a motor vehicle shall not be binding, either in…
- § 1630.5 The provisions of any contract of bailment for the parking or storage of a motor vehicle shall not exempt the bailee from liability, either in whole or in…
- § 1631 Every person in this State who sells machinery used or to be used for mining purposes shall, at the time of sale, give to the buyer a bill of sale for the…
- § 1632 (a) The Legislature hereby finds and declares all of the following: (1) This section was enacted in 1976 to increase consumer information and protections for…
- § 1632.5 (a) (1) A supervised financial organization that negotiates primarily in Spanish, Chinese, Tagalog, Vietnamese, or Korean, whether orally or in writing, in the…
- § 1633 (a) Notwithstanding any other provision of law, an application by a prospective customer to enter into a brokerage agreement with a broker-dealer, which…
TITLE 2.5. ELECTRONIC TRANSACTIONS §§ 1633.1–1633.17 · 17 sections
- § 1633.1 This title may be cited as the Uniform Electronic Transactions Act.
- § 1633.2 In this title the following terms have the following definitions: (a) “Agreement” means the bargain of the parties in fact, as found in their language or…
- § 1633.3 (a) Except as otherwise provided in subdivisions (b) and (c), this title applies to electronic records and electronic signatures relating to a transaction. (b)…
- § 1633.4 This title applies to any electronic record or electronic signature created, generated, sent, communicated, received, or stored on or after January 1, 2000.
- § 1633.5 (a) This title does not require a record or signature to be created, generated, sent, communicated, received, stored, or otherwise processed or used by…
- § 1633.6 This title shall be construed and applied according to all of the following: (1) To facilitate electronic transactions consistent with other applicable law.…
- § 1633.7 (a) A record or signature may not be denied legal effect or enforceability solely because it is in electronic form. (b) A contract may not be denied legal…
- § 1633.8 (a) If parties have agreed to conduct a transaction by electronic means and a law requires a person to provide, send, or deliver information in writing to…
- § 1633.9 (a) An electronic record or electronic signature is attributable to a person if it was the act of the person. The act of the person may be shown in any manner,…
- § 1633.10 If a change or error in an electronic record occurs in a transmission between parties to a transaction, the following rules apply: (1) If the parties have…
- § 1633.11 (a) If a law requires that a signature be notarized, the requirement is satisfied with respect to an electronic signature if an electronic record includes, in…
- § 1633.12 (a) If a law requires that a record be retained, the requirement is satisfied by retaining an electronic record of the information in the record, if the…
- § 1633.13 In a proceeding, evidence of a record or signature may not be excluded solely because it is in electronic form.
- § 1633.14 (a) In an automated transaction, the following rules apply: (1) A contract may be formed by the interaction of electronic agents of the parties, even if no…
- § 1633.15 (a) Unless the sender and the recipient agree to a different method of sending that is reasonable under the circumstances, an electronic record is sent when…
- § 1633.16 If a law other than this title requires that a notice of the right to cancel be provided or sent, an electronic record may not substitute for a writing under…
- § 1633.17 No state agency, board, or commission may require, prohibit, or regulate the use of an electronic signature in a transaction in which the agency, board, or…
TITLE 3. INTERPRETATION OF CONTRACTS §§ 1635–1663 · 32 sections
- § 1635 All contracts, whether public or private, are to be interpreted by the same rules, except as otherwise provided by this Code.
- § 1636 A contract must be so interpreted as to give effect to the mutual intention of the parties as it existed at the time of contracting, so far as the same is…
- § 1637 For the purpose of ascertaining the intention of the parties to a contract, if otherwise doubtful, the rules given in this Chapter are to be applied.
- § 1638 The language of a contract is to govern its interpretation, if the language is clear and explicit, and does not involve an absurdity.
- § 1639 When a contract is reduced to writing, the intention of the parties is to be ascertained from the writing alone, if possible; subject, however, to the other…
- § 1640 When, through fraud, mistake, or accident, a written contract fails to express the real intention of the parties, such intention is to be regarded, and the…
- § 1641 The whole of a contract is to be taken together, so as to give effect to every part, if reasonably practicable, each clause helping to interpret the other.
- § 1642 Several contracts relating to the same matters, between the same parties, and made as parts of substantially one transaction, are to be taken together.
- § 1643 A contract must receive such an interpretation as will make it lawful, operative, definite, reasonable, and capable of being carried into effect, if it can be…
- § 1644 The words of a contract are to be understood in their ordinary and popular sense, rather than according to their strict legal meaning; unless used by the…
- § 1645 Technical words are to be interpreted as usually understood by persons in the profession or business to which they relate, unless clearly used in a different…
- § 1646 A contract is to be interpreted according to the law and usage of the place where it is to be performed; or, if it does not indicate a place of performance,…
- § 1646.5 Notwithstanding Section 1646, the parties to any contract, agreement, or undertaking, contingent or otherwise, relating to a transaction involving in the…
- § 1647 A contract may be explained by reference to the circumstances under which it was made, and the matter to which it relates.
- § 1648 However broad may be the terms of a contract, it extends only to those things concerning which it appears that the parties intended to contract.
- § 1649 If the terms of a promise are in any respect ambiguous or uncertain, it must be interpreted in the sense in which the promisor believed, at the time of making…
- § 1650 Particular clauses of a contract are subordinate to its general intent.
- § 1651 Where a contract is partly written and partly printed, or where part of it is written or printed under the special directions of the parties, and with a…
- § 1652 Repugnancy in a contract must be reconciled, if possible, by such an interpretation as will give some effect to the repugnant clauses, subordinate to the…
- § 1653 Words in a contract which are wholly inconsistent with its nature, or with the main intention of the parties, are to be rejected.
- § 1654 In cases of uncertainty not removed by the preceding rules, the language of a contract should be interpreted most strongly against the party who caused the…
- § 1655 Stipulations which are necessary to make a contract reasonable, or conformable to usage, are implied, in respect to matters concerning which the contract…
- § 1656 All things that in law or usage are considered as incidental to a contract, or as necessary to carry it into effect, are implied therefrom, unless some of them…
- § 1656.1 (a) Whether a retailer may add sales tax reimbursement to the sales price of the tangible personal property sold at retail to a purchaser depends solely upon…
- § 1656.5 (a) Whether a qualified heavy equipment renter may add estimated personal property tax reimbursement to the rental price of heavy equipment property to a…
- § 1657 If no time is specified for the performance of an act required to be performed, a reasonable time is allowed. If the act is in its nature capable of being done…
- § 1657.1 Any time specified in a contract of adhesion for the performance of an act required to be performed shall be reasonable.
- § 1659 Where all the parties who unite in a promise receive some benefit from the consideration, whether past or present, their promise is presumed to be joint and…
- § 1660 A promise, made in the singular number, but executed by several persons, is presumed to be joint and several.
- § 1661 An executed contract is one, the object of which is fully performed. All others are executory.
- § 1662 Any contract hereafter made in this State for the purchase and sale of real property shall be interpreted as including an agreement that the parties shall have…
- § 1663 (a) As used in this section, the following terms shall have the following meanings: (1) “Euro” means the currency of participating member states of the…
TITLE 4. UNLAWFUL CONTRACTS §§ 1667–1670.15 · 16 sections
- § 1667 That is not lawful which is: 1. Contrary to an express provision of law; 2. Contrary to the policy of express law, though not expressly prohibited; or, 3.…
- § 1668 All contracts which have for their object, directly or indirectly, to exempt any one from responsibility for his own fraud, or willful injury to the person or…
- § 1669 Every contract in restraint of the marriage of any person, other than a minor, is void.
- § 1669.5 (a) Any contract for the payment of money or other consideration to a minor who has been alleged to be the victim of an unlawful sex act, or to his or her…
- § 1669.7 A contract for the payment of money or other consideration in violation of Section 132.5 of the Penal Code is void as contrary to public policy. The Attorney…
- § 1670 Any dispute arising from a construction contract with a public agency, which contract contains a provision that one party to the contract or one party’s agent…
- § 1670.5 (a) If the court as a matter of law finds the contract or any clause of the contract to have been unconscionable at the time it was made the court may refuse…
- § 1670.6 A contract with a consumer located in California for the purchase of a good or service that is made in connection with a telephone solicitation made in or from…
- § 1670.7 Any provision of a contract that purports to allow a deduction from a person’s wages for the cost of emigrating and transporting that person to the United…
- § 1670.8 (a) (1) A contract or proposed contract for the sale or lease of consumer goods or services may not include a provision waiving the consumer’s right to make…
- § 1670.8.5 (a) A contract or proposed contract for the provision of a consumer service by a licensee regulated by a licensing board shall not include a provision limiting…
- § 1670.9 (a) A city, county, city and county, or local law enforcement agency that does not, as of January 1, 2018, have a contract with the federal government or any…
- § 1670.10 (a) (1) Except as provided in paragraph (2), a contract entered into on or after January 1, 2018, to transfer ownership of a dog or cat in which ownership is…
- § 1670.11 Notwithstanding any other law, a provision in a contract or settlement agreement entered into on or after January 1, 2019, that waives a party’s right to…
- § 1670.12 (a) For purposes of this section, the following definitions apply: (1) “Exclusive listing agreement” means any contract or agreement providing an exclusive…
- § 1670.15 (a) As used in this section, the following definitions shall apply: (1) “Consumer” has the same meaning as defined in subdivision (c) of Section 302 of the…
TITLE 4.1. Buyer-Broker Representation Agreements § 1670.50 · 1 section
- § 1670.50 (a) A buyer-broker representation agreement shall be executed between a buyer’s agent and a buyer as soon as practicable, but no later than the execution of…
TITLE 4.5. LIQUIDATED DAMAGES §§ 1671–1681 · 8 sections
CHAPTER 1. General Provisions § 1671 · 1 section
- § 1671 (a) This section does not apply in any case where another statute expressly applicable to the contract prescribes the rules or standard for determining the…
CHAPTER 2. Default on Real Property Purchase Contract §§ 1675–1681 · 7 sections
- § 1675 (a) As used in this section, “residential property” means real property primarily consisting of a dwelling that meets both of the following requirements: (1)…
- § 1676 Except as provided in Section 1675, a provision in a contract to purchase and sell real property liquidating the damages to the seller if the buyer fails to…
- § 1677 A provision in a contract to purchase and sell real property liquidating the damages to the seller if the buyer fails to complete the purchase of the property…
- § 1678 If more than one payment made by the buyer is to constitute liquidated damages under Section 1675, the amount of any payment after the first payment is valid…
- § 1679 This chapter applies only to a provision for liquidated damages to the seller if the buyer fails to complete the purchase of real property. The validity of any…
- § 1680 Nothing in this chapter affects any right a party to a contract for the purchase and sale of real property may have to obtain specific performance.
- § 1681 This chapter does not apply to real property sales contracts as defined in Section 2985.
TITLE 5. EXTINCTION OF CONTRACTS §§ 1682–1701 · 58 sections
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.
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…
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…
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…
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…
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.