California Codes, Civil Code - CIV, Division 3 — Obligations, Part 2 — Contracts, Title 5 — Extinction of Contracts, Chapter 2 — Rescission, Section 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 initiated by the buyer or the buyer’s agent or insurance representative.

(b) The contract is executed in connection with making of emergency or immediately necessary repairs that are necessary for the immediate protection of persons or real or personal property.

(c)(1) The buyer gives the seller a separate statement that is dated and signed that describes the situation that requires immediate remedy, and expressly acknowledges and waives the right to cancel the sale within three, five, or seven business days, whichever applies.

(2) The waiver of the five-day right to cancel added by the act that amended paragraph (1) shall apply to contracts entered into, or offers to purchase conveyed, on or after January 1, 2021.

Notes

Exempts specified emergency home-solicitation repair contracts from several cancellation provisions when initiated by the buyer or representative, necessary for immediate protection, and accompanied by a separately dated and signed statement describing the emergency and expressly waiving the applicable three-, five-, or seven-business-day cancellation right. The five-day waiver applies to contracts or offers from January 1, 2021.

Use as reference

Lexinter.net | California Code, Civil Code - CIV § 1689.13 | https://laws.lexinter.net/codes/california/civil-code/division-3/part-2/title-5/chapter-2/section-1689-13

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