Sections
24 entriesSection 1688Establishes that rescission extinguishes a contract. Once a contract is effectively rescinded under the governing rules, the contractual relationship is terminated through…Section 1689Allows rescission by all parties’ consent or by one party for specified grounds, including mistake, duress, menace, fraud, undue influence, failure or…Section 1689.2Allows a participant in an endless chain scheme to rescind the underlying contract and recover all consideration paid, reduced by amounts or…Section 1689.3Allows a patient who contracts directly with a dental office or plan to rescind the contract until midnight of the third business…Section 1689.5Defines a home solicitation contract or offer as a sale, lease, or rental of goods or services for at least $25 made…Section 1689.6Allows home-solicitation buyers generally three business days to cancel, five business days for senior citizens for covered contracts from January 1, 2021,…Section 1689.7Requires home-solicitation agreements to use the sales-presentation language, display prescribed cancellation notices, provide seller contact information and detachable forms, and reflect three-,…Section 1689.8Requires home-solicitation contracts for home-improvement goods or services that provide a lien on real property to comply with the specified consumer-credit chapter.…Section 1689.9Bars a buyer from using the statutory home-solicitation cancellation right when goods sold under the contract have become part of the real…Section 1689.10Requires a seller, generally within 10 days after cancellation of a home-solicitation contract, to return the buyer’s payments and debt instruments and…Section 1689.11Requires a buyer, on demand, to tender delivered goods at the buyer’s address within 20 days after canceling a home-solicitation contract; if…Section 1689.12Bars waivers or confessions of judgment concerning the specified home-solicitation protections by declaring them contrary to public policy, void, and unenforceable. Buyers…Section 1689.13Exempts specified emergency home-solicitation repair contracts from several cancellation provisions when initiated by the buyer or representative, necessary for immediate protection, and…Section 1689.14Establishes that a home-solicitation contract for disaster-related residential repair or restoration signed from the disaster date through midnight of the seventh business…Section 1689.15Allows a duly licensed contractor to begin a service-and-repair project once the buyer receives a signed, dated contract meeting the specified requirements.…Section 1689.20Allows a seminar-sales buyer to cancel until midnight of the third business day after signing, or the fifth business day for a…Section 1689.21Requires seminar-sales solicitation contracts to use the presentation language, state seller contact details, provide duplicate detachable cancellation forms, and orally disclose cancellation…Section 1689.22Requires a seminar-sales seller, generally within 10 days after cancellation, to return the buyer’s payments and any note or evidence of indebtedness…Section 1689.23Requires a buyer, on demand, to tender goods from a canceled seminar-sales solicitation at the buyer’s address within 20 days; if the…Section 1689.24Defines a seminar-sales solicitation contract or offer as a seminar-setting sale, lease, or rental of covered goods or services totaling at least…Section 1690Establishes that a contractual clause making description errors noncancellable, compensable, or both does not eliminate the right to rescind for fraud or…Section 1691Requires a party seeking rescission, promptly after discovering the grounds while free from specified impairments and aware of the right, to notify…Section 1692Allows a party to seek rescission-based relief through an action, defense, or cross-complaint and permits other appropriate relief if the court finds…Section 1693Limits denial of rescission-based relief for delay in giving notice or restoring benefits to situations where the delay substantially prejudiced the other…