Contracts & ExecutionQuestion 735 of 1632

The required title 'Home Improvement' and the mandatory notices in a §7159 contract must be presented in a way that is:

a.Optional where the buyer is a sophisticated commercial party
b.Included only in the copy the contractor keeps on file
c.Placed in fine print on the reverse side of the page
d.Legible, with the heading set in at least 10-point boldface type

Explanation

B&P §7159(c)(1)-(2) require the writing to be legible and any printed form to be readable, with text in at least 10-point typeface and headings in at least 10-point boldface; §7159(d)(3) applies that to the 'Home Improvement' heading, §7159(d)(4) puts the 'completely filled in copy' statement in at least 12-point boldface, and §7159(e) gives the cancellation notice its own captions and sizes, with §7191 adding more for any arbitration provision. The whole scheme assumes a buyer who reads the contract once, quickly, at a kitchen table. (c) is the practice those rules exist to stop. (b) would leave the buyer with nothing, contradicting §7159(c)(3)(A)'s requirement that the buyer get a signed, dated copy before work starts. (a) invents a sophistication exception; a home improvement contract is residential by definition, and the terms are not waivable.

Law Reference: Bus. & Prof. Code §7159(c)(1)-(2), §7159(d)(3)-(4), §7159(e); §7191

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