California CodesCivil Code - CIVDivision 2 — PropertyPart 2 — Real or Immovable Property [755 – 945.5]Title 7 — Requirements for Actions for Construction DefectsChapter 3 — ObligationsSection 903
If a builder offers an enhanced protection agreement in place of the provisions set forth in Chapter 2 (commencing with Section 896), the election to do so shall be made in writing with the homeowner no later than the close of escrow. The builder shall provide the homeowner with a complete copy of Chapter 2 (commencing with Section 896) and advise the homeowner that the builder has elected not to be subject to its provisions. If any provision of an enhanced protection agreement is later found to be unenforceable as not meeting the minimum standards of Chapter 2
(commencing with Section 896), a builder may use this chapter in lieu of those provisions found to be unenforceable.
Notes
Requires a builder electing an enhanced protection agreement instead of statutory standards to make the election in writing no later than close of escrow, provide the homeowner a complete copy of the statutory standards, and disclose the election. If an agreement provision later fails the minimum standard and is unenforceable, the builder may use the statutory chapter instead.
Use as reference
Lexinter.net | California Code, Civil Code - CIV § 903 | https://laws.lexinter.net/codes/california/civil-code/division-2/part-2/title-7/chapter-3/section-903