Contracts & ExecutionQuestion 535 of 1632

A consumer home-improvement contract includes a clause forcing the homeowner to pay all of the contractor's attorney fees in any dispute, while barring the homeowner from recovering her own. Under Civil Code §1670.5, a court reviewing this provision may:

a.Enforce the clause because both parties signed the contract
b.Refuse to enforce the clause, or limit how it is applied
c.Rewrite the clause so the fee award runs both ways
d.Send the fee dispute to CSLB arbitration before ruling

Explanation

Civil Code §1670.5(a) lets a court that finds a clause unconscionable as a matter of law refuse to enforce the contract, enforce the rest of it without the clause, or so limit the clause's application as to avoid an unconscionable result. That both parties signed is not an answer: unconscionability is a doctrine about signed contracts. The statute lets the court decline or narrow the clause, not redraft it into a mutual fee provision the parties never agreed to. And §1670.5 is a question of law for the court, not something routed to a CSLB arbitration first.

Law Reference: Civil Code §1670.5(a)

This topic, taught in full in the CSLB Law & Business guide. CSLB Law & Business — Complete Study Guide (2026) — PDF + EPUB, $24.99 · 14-day refund →

Practice all 1632 questions free — no signup required.

Own the complete CSLB Law & Business guide — PDF + EPUB, $24.99 →

Related questions on this topic

Last reviewed: · editorial process

PrepPass team · Verified against California CSLB Contractor License Law & Business Exam · How we review
Reviewed by Abraham Chen — Licensed California General Contractor (CSLB License #1101856 — verify)
Report