Sections
22 entriesSection 1812.200Establishes legislative findings and purposes for seller-assisted marketing plan regulation, citing purchaser losses, incomplete earnings and seller-history information, and the vulnerability of…Section 1812.201Defines a seller-assisted marketing plan as an offering requiring over $500 total initial payment but under $50,000 initial cash payment plus earning,…Section 1812.202Defines when an offer, sale, or lease of a seller-assisted marketing plan occurs in California. An offer occurs here when made here,…Section 1812.203Requires seller-assisted-marketing-plan sellers to pay $100 annually and file disclosures and salesperson list at least 30 days before advertising; material changes require…Section 1812.204Prohibits seller-assisted-marketing-plan sellers from using buy-back or secured-investment claims unless purchasers can invoke them without restriction during the first year and receive…Section 1812.205Requires seller-assisted-marketing-plan sellers, at the first in-person communication or first written response describing the plan, whichever occurs first, to provide a disclosure…Section 1812.206Requires a seller or representative to give a purchaser the seller-assisted-marketing-plan information sheet at least 48 hours before contract execution or receipt…Section 1812.207Requires every California sale or lease contract for a seller-assisted marketing plan to be in writing and governed by the title. Requires…Section 1812.208Requires the purchaser to have the right to cancel a seller assisted marketing plan contract for any reason at any time within…Section 1812.209Requires every seller-assisted-marketing-plan contract to use at least 10-point type and state specified payment, escrow, seller, delivery, supplier, and buy-back information. Requires…Section 1812.210Prohibits a seller-assisted marketing plan contract from requiring negotiable notes that would cut off the purchaser’s rights or defenses against the seller.…Section 1812.211Sets an assignee of a seller-assisted-marketing-plan contract, or of the seller's rights under that contract, subject to all equities, rights, and defenses…Section 1812.212Prohibits a seller from making any reference to its compliance with the title and also prohibits the seller from authorizing another person…Section 1812.213Requires every seller-assisted-marketing-plan seller to keep a complete set of books, records, and accounts covering its plan sales. Requires all documents relating…Section 1812.214Requires seller-assisted marketing plan sellers other than California corporations to appoint the Secretary of State for service. Sets bond or trust at…Section 1812.215Allows a purchaser to void a seller-assisted-marketing-plan contract within one year for specified misrepresentations, disclosure failures, or defects and recover payments subject…Section 1812.216Bars a purchaser's waiver of rights under the title by declaring the waiver contrary to public policy, void, and unenforceable, and makes…Section 1812.217Sets criminal penalties for a person involved in selling or leasing a seller-assisted marketing plan who willfully violates the title or uses…Section 1812.218Allows any purchaser injured by a violation of this title or by the seller's breach of a contract subject to this title…Section 1812.219Establishes that the provisions of this title are not exclusive. If any act or practice proscribed under this title also constitutes a…Section 1812.220Establishes that if any provision of the act, or its application to a person or circumstance, is held unconstitutional, the remainder of…Section 1812.221Establishes procedures for claims against a deposit made instead of a bond: claimants must prove a qualifying money judgment to the Attorney…