CHAPTER 2. Rescission

Chapter 2 enacted 1872.

§§ 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§ 1689 (a) A contract may be rescinded if all the parties thereto consent.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…