A contractor includes a clause in the home improvement contract stating the buyer waives their right to cancel. This clause is:
Explicación
The three-business-day right comes from Civil Code §1689.6 and B&P §7159(e), and the only route out of it is Civil Code §1689.13: a buyer-initiated contract for emergency or immediately necessary repairs, plus a SEPARATE dated statement signed by the buyer describing the situation and expressly waiving the three-, five- or seven-day right. A waiver pre-printed in the contractor's own form satisfies none of that. Putting it there is worse than ineffective — B&P §7161 makes a false or misleading statement used to induce a home improvement contract a public offense, and §7160 gives the owner damages plus a $500 penalty and fees. (a) and (c) invent thresholds; the right does not scale with price, and a home improvement contract is residential by definition. (b) treats the buyer's initials as the separate statement §1689.13 demands, which is precisely the shortcut that section forecloses.
Referencia Legal: Civil Code §1689.6, §1689.13; Bus. & Prof. Code §7159(e), §7160-§7161Practica las 1632 preguntas gratis — sin registro.
Own the complete CSLB Law & Business guide — PDF + EPUB, $24.99 →
Preguntas relacionadas de este tema
- How many copies of the 'Notice of Cancellation' form must the contractor provide to the buyer at the time a home solicitation home improvement contract is signed?
- When a homeowner properly exercises the three-day right to cancel a home improvement contract, the contractor must return any down payment within:
- A contractor and homeowner agree on a $9,000 bathroom remodel. The three-day right to cancel period generally begins:
- A home improvement contract must be written in the same language principally used in the:
- Under §7159.5, a contractor may NOT do which of the following regarding down payments and progress payments?
- 'Joint control' in the context of a home improvement project refers to:
Última revisión: · proceso editorial