California Codes, Civil Code - CIV, Division 3 — Obligations, Part 4 — Obligations Arising from Particular Transactions, Title 14 — Lien, Chapter 2 — Mortgage, Article 1.5 — Mortgage Foreclosure Consultants, Section 2945.10
(a) Any provision in a contract which attempts or purports to limit the liability of the foreclosure consultant under Section 2945.9 shall be void and shall at the option of the owner render the contract void. The foreclosure consultant shall be liable to the owner for all damages proximately caused by that provision. Any provision in a contract which attempts or purports to require arbitration of any dispute arising under this chapter shall be void at the option of the owner only upon grounds as exist for the revocation of any contract.
(b) This section shall apply to any contract entered into on or after January 1, 1991.
Notes
Prohibits a foreclosure-consultant contract term limiting liability under the referenced provision, making the term void and allowing the owner to void the contract; the consultant remains liable for resulting damages. An arbitration requirement is void at the owner’s option only on ordinary contract-revocation grounds, and these rules apply to contracts entered on or after January 1, 1991.
Use as reference
Lexinter.net | California Code, Civil Code - CIV § 2945.10 | https://laws.lexinter.net/codes/california/civil-code/division-3/part-4/title-14/chapter-2/article-1-5/section-2945-10