Duyệt tất cả câu hỏi

B&P §7161 lists failing to furnish the buyer a copy of the signed contract among prohibited acts that constitute cause for disciplinary action by the CSLB.

B&P §7159(d) requires the contract to be signed and dated by the parties, and §7159(e) runs the buyer's three-business-day cancellation period from the transaction date; postdating the form steals a day of it, which is why B&P §7160 and §7161 treat deception used to obtain or perform a home improvement contract as a separate offense with criminal exposure. (c) treats the buyer's initials as consent to a shorter statutory period, but the cancellation right is not waivable by agreement. (b) invents an emergency exception that runs backwards — a contract to repair damage from a declared disaster carries a LONGER period, seven business days, not none. (a) treats the date as cosmetic; it is the trigger for the one right the buyer has that costs nothing to exercise.

B&P §7159(d)(7) requires the heading 'Description of the Project and Description of the Significant Materials to be Used and Equipment to be Installed', followed by that description. It is what makes the scope enforceable and what any change order has to be measured against. (b) is the bare-price contract the statute exists to outlaw; the price is required too (§7159(d)(5)), but a price with no described scope is not a compliant contract. (d) leaves the scope oral, which is exactly what §7159(d) forbids. (c) is required nowhere and solves nothing: §7159.5(a)(5) bars accepting payment beyond the value in place, so a wire authorization is no substitute for a payment schedule.

Even a conforming service and repair contract carries its own mandatory set of terms under B&P §7159.10(d)-(e): the 'Service and Repair' heading in 10-point boldface, the 12-point boldface Notice to the Buyer listing the four qualifying conditions, the commercial general liability and workers' compensation notices, the contract price in dollars and cents, a description of the project and materials, the offer to return replaced parts, and the boldface 'YOUR RIGHTS TO CANCEL BEFORE WORK BEGINS' statement dated and signed by the buyer. What §7159.10(c) does is substitute this shorter list for the full §7159 home improvement set — it does not strip the buyer's disclosures. (a), (b) and (d) each invent a commercial remedy; the license law regulates the paper and the timing of payment, not the terms of the deal.

The cap is $1,000 or 10%, whichever is less. Ten percent of $50,000 is $5,000, but the $1,000 ceiling is lower, so the maximum lawful down payment is $1,000.

B&P §7159 requires a written home improvement contract whenever the contract price exceeds $500. At $800, a compliant written contract is mandatory.

The three-day cancellation right stems from the home solicitation law (Civil Code §1689.5 et seq.), which covers contracts negotiated away from the seller's permanent place of business, typically at the buyer's residence.

B&P §7159(e) requires the contract to carry the statutory 'Mechanics Lien Warning', which tells the owner that anyone who helps improve the property and is not paid may record a lien; that paying the contractor in full is no defence; that each subcontractor and supplier must send a Preliminary Notice, which can arrive up to 20 days after they start; and that the owner protects himself by getting a list of subs and suppliers, waiting 20 days, and paying by joint check. (b) is a genuine near-miss — §7159(e) does require a commercial general liability disclosure, but it is a yes/no statement with the insurer's name and telephone number, not policy limits. (a) and (c) are required nowhere; the contract addresses permits by saying who is responsible for obtaining them, not by explaining how.

B&P §7159.5(a)(5) is the rule: except for the downpayment, the contractor 'shall neither request nor accept payment that exceeds the value of the work performed or material delivered', and the bar extends to advance payment in whole or in part from any lender or financier. Eighty percent before anything arrives on site fails that test on day one, and §7159.5(a)(3) separately caps the downpayment at $1,000 or 10 percent of the contract amount, whichever is less. (a) restates the violation as if it were the cure. (d) invents an equal-instalment rule; §7159.5(a)(4) requires each payment to reference the work it buys, which almost never produces equal amounts. (c) invents a cash requirement, which would defeat the joint-check protection the Mechanics Lien Warning urges on the owner.

A service and repair contract requires the price to be $750 or less. A $1,500 job exceeds that limit and must use a full home improvement contract.

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.

B&P §7159 requires the contract to clearly state the total contract price the buyer will pay, so the owner knows the full obligation before work begins.

Violations of the home improvement contract requirements of B&P §7159 are grounds for disciplinary action by the CSLB against the contractor's license.

Civil Code §1689.7 and B&P §7159(e) put the mechanics entirely in the buyer's hands: the buyer cancels by e-mailing, mailing, faxing or delivering a written notice to the contractor at the contractor's place of business by midnight of the third business day, using the detachable Notice of Cancellation form the contract must supply in duplicate. The act is unilateral and self-executing. (a) is the whole point of the right being a right — the contractor's agreement is not needed, and a contract implying otherwise is non-compliant. (b) sends the buyer to the regulator; CSLB takes complaints under §7159(a)(6) but is not the address for a cancellation. (c) inverts the timing: the right exists so the buyer can get out BEFORE being entangled in a half-finished job.

B&P §7159(d)(4) requires this statement in at least 12-point boldface: 'You are entitled to a completely filled in copy of this agreement, signed by both you and the contractor, before any work may be started.' It sits with the other signature-area items — the 'Home Improvement' heading, the contract amount in dollars and cents, and under §7159(e) the Three-Day Right to Cancel notice with its detachable form in duplicate. (b) is the opposite of what this article does; these terms are mandatory and a buyer cannot sign them away. (d) shrinks a consumer protection to a personnel detail — §7159(d)(2) does require the salesperson's own name and registration number, but that is identification, not the caution near the signature. (c) is required nowhere: §7159(c)(6) does require a notice near the signatures that the owner may REQUIRE a performance and payment bond, but the contractor's own surety and policy number are not a mandatory term, and the mandatory insurance notices cover commercial general liability and workers' compensation.

As with home improvement contracts, B&P §7159.10 requires the contractor to give the buyer a completed copy of the service and repair contract before work begins.

B&P §7159.5(a)(5) forbids a contractor to request or accept any payment that exceeds the value of the work performed or the material delivered, the lawful down payment aside. At 40 percent complete on a $20,000 job that is about $8,000. (b) and (d) both collect ahead of the work, which is exactly what the statute bars, and a signed payment schedule does not cure it — §7159.5(a)(4) requires the schedule itself to tie each payment to specific work or materials. (a) is the opposite error: nothing requires the contractor to finance the whole job, and a down payment of $1,000 or 10 percent of the contract, whichever is less, plus progress payments up to the value in place, are permitted.

The two rules work together. B&P §7159.5(a)(3) caps the downpayment at $1,000 or 10 percent of the contract amount, whichever is less, and §7159.5(a)(5) bars the contractor from requesting or accepting any further payment beyond the value of the work performed or material delivered — a bar that reaches advance payment from a lender or financier too. The result is that the owner's money never runs far ahead of what is on the ground, so a contractor who walks off leaves the owner holding a loss measured in work rather than in cash. (b) states the effect on the contractor, which is the cost the legislature accepted, not the purpose. (c) inverts it: nothing in the article guarantees anyone a profit. (d) confuses a substantive protection with administrative convenience — these rules generate CSLB complaints, they do not prevent them.

B&P §7159(d)(1) requires the contract to state the contractor's name, business address and license number, and §7159(d)(2) adds the name and registration number of any home improvement salesperson who solicited or negotiated it; the buyer is identified as the other party to the agreement. (c) drops the business address, which is the element that lets a buyer find the contractor and lets CSLB serve him. (a) puts a stranger to the contract in the party block: a construction lender is not a party to the home improvement contract, though it does receive preliminary notice under Civil Code §8200. (b) identifies only one side, which defeats the purpose of the requirement.

Civil Code §1689.13 lifts the cancellation sections only when all three of its conditions hold: the buyer (or the buyer's agent or insurance representative) initiated the contract; it is for emergency or immediately necessary repairs needed for the immediate protection of persons or of real or personal property; and the buyer gives the contractor a SEPARATE dated, signed statement describing the situation and expressly waiving the three-, five- or seven-business-day right. The default is that the right applies; the waiver is the exception, and it must be the buyer's own separate writing, not a line pre-printed in the contract form. (c) is the contractor's preferred shortcut — emergencies do not exempt themselves. (b) invents a dollar floor; the home improvement rules turn on a price over $500, and the cancellation right does not scale with price. (a) invents a doubling.

B&P §7161 makes it a public offense, and cause for discipline, to use a false or misleading statement to induce an owner to enter a home improvement contract — along with misrepresenting that the contractor is an employee or agent of a lender, or that work is needed when it is not. B&P §7160 adds the civil remedy: an owner induced by such a statement may recover damages plus a $500 penalty and reasonable attorney's fees. The distractors are ordinary lawful practice. (a) a longer warranty is a commercial choice. (b) a fixed price is what §7159(d)(5) contemplates when it requires the contract amount in dollars and cents. (c) subcontracting to a properly licensed specialty contractor is how most jobs get built. The statute polices honesty in obtaining the signature, not the shape of the deal.

Ten percent of $12,000 is $1,200, but the down payment cannot exceed the lesser of $1,000 or 10%. Since $1,000 is less, the $1,200 down payment is unlawful.

The statutory Mechanics Lien Warning tells the owner exactly what to do: get a list from the contractor of every subcontractor and material supplier, find out when each started, wait 20 days and watch the preliminary notices that arrive, and pay with a joint check made out to both the contractor and the noticing subcontractor or supplier. B&P §7159.5(a)(6) adds the companion right — on request the contractor must furnish a full and unconditional release from any lien claimant for work already paid for, and the owner may withhold all further payments until those releases arrive. (c) is the opposite of protection: cash leaves no record of payment and does nothing about a subcontractor who was never paid. (d) misreads the preliminary notice, which is not a lien and not a sign of trouble — Civil Code §8200 requires it of nearly every claimant. (a) appears nowhere in the warning and protects nothing.

B&P §7151 defines home improvement to include repairing, remodeling, altering, converting, modernizing or adding to residential property, and expressly reaches landscaping, swimming pools, fences, driveways, patios and other improvements adjacent to the dwelling. §7151.2 then makes it a home improvement contract once the aggregate price, labor and materials together, exceeds $500. At $1,100 the whole §7159 package applies: the writing, the price in dollars and cents, the description of the project and significant materials, the approximate start and completion dates, the payment schedule, and the Three-Day Right to Cancel notice. (b) misuses the agricultural idea; irrigating a residential yard is not farming. (a) and (c) are the same error twice — an oral agreement on an $1,100 residential job is a violation, and it leaves the contractor with no enforceable change-order rights either.

B&P §7159 requires the contract to state who will obtain the building permits, alongside the description of the project, the price, the dates and the payment schedule. It matters because the permit holder carries responsibility for the inspections and for closing the permit out, and an unclosed permit surfaces years later when the owner tries to sell. There is a related trap: a homeowner persuaded to pull the permit himself is treated as the owner-builder, which is how an unlicensed operator moves the liability onto the customer. (b) is false, and used to induce a contract it is the kind of misleading statement B&P §7161 makes a public offense. (c) leaves the question unanswered, which is the situation the requirement exists to prevent. (a) is required nowhere and is not information the owner needs.

B&P §7159.10(a)(1)(A) sets the ceiling on the CONTRACT AMOUNT — 'seven hundred fifty dollars ($750) or less' — which is the whole price, labor and materials together, and §7159.10(e)(11) permits only one service charge, any trip charge or inspection fee included in it. (a) and (d) split the price so the job looks like it fits under the cap; the statute measures the contract amount, and the bold notice §7159.10(e)(12) puts in the buyer's hands says the buyer may cancel if the price 'including all labor and materials' is more than $750. (c) ignores the cap: the buyer cannot consent into a service and repair contract above $750, because §7159.10(b) drops the full §7159 home improvement requirements onto any contract that fails a condition, whatever its price.

B&P §7159(d)(10) requires the heading 'Approximate Start Date' followed by the approximate date work will commence, and §7159(d)(11) requires the estimated completion date to be referenced — both of them — and §7164(b)(2) imposes the same pair on a contract to build a single-family dwelling. 'Approximate' is the concession the statute has already made; leaving the box empty is not approximation but omission, and §7159(a)(5) makes it cause for discipline. The date also does work downstream: it is what a delay claim is measured against, and what tells an owner whether the job has been abandoned, which B&P §7107 makes separately disciplinable. (b) keeps half the requirement. (c) reads 'approximate' as 'optional'. (d) treats the owner's initials as a waiver, and these terms are not waivable.

B&P §7159(c)(5) requires a change-order form to be incorporated into the contract, and makes a change part of the contract 'only if it is in writing and signed by the parties prior to the commencement of any work covered by a change order'. §7159(e)(3) then requires the contract to tell the buyer that extra or change-order work is unenforceable against him unless the order states, in writing and in advance, the scope of the work, the amount added to or subtracted from the contract, and the effect on the progress payments and completion date. (b) is what an open-ended extras clause tries to achieve, and what the statute forbids. (c) invents a penalty. (a) is a position the contractor takes at his own expense: unforeseen work performed without a signed order is work he cannot bill.

B&P §7151.2 defines a home improvement contract by 'the aggregate contract price specified in one or more improvement contracts, including all labor, services, and materials to be furnished by the contractor', and the definition applies once that figure exceeds $500. 'Aggregate' and 'one or more' are the operative words: splitting one job across two papers does not put either below the line. (b) and (d) each measure half the price, which is exactly the split a contractor reaches for to stay under the threshold. (c) borrows the building department's permit valuation, a number computed for fee purposes that has nothing to do with what the parties agreed to pay.

A home improvement salesperson's authority is entirely derivative. B&P §7153 makes it a misdemeanor to engage in the occupation without a current and valid registration at the time of the sales transaction, and §7154 requires the employing contractor to notify the registrar in writing before the salesperson begins work. The salesperson may solicit, sell, negotiate or execute contracts only for the licensed contractor or contractors behind that registration; he holds no licence of his own. (d) is the clearest violation — contracting in his own name is unlicensed contracting under B&P §7028, with the §7031 bar on collecting anything. (b) is conversion, and cause for discipline against the contractor too, since §7155.5 attributes the salesperson's violations to him whether or not he knew. (c) compounds it: an unlicensed outfit cannot lawfully employ a salesperson at all.

The Mechanics Lien Warning is one of the notices B&P §7159(e) requires in every home improvement contract, and §7159(a)(5) makes failure to provide any required information, notice or disclosure cause for discipline. (c) inverts the coverage: B&P §7164(b)(4) requires essentially the same warning in a contract to BUILD a single-family dwelling, so it appears in both settings rather than only in new construction. (d) points the wrong way entirely — the lien laws reach commercial work too, but this notice requirement is a residential consumer protection. (b) treats a statutory notice as boilerplate. The warning earns its place because Civil Code §8400 lets an unpaid subcontractor or supplier lien the property even where the owner paid the contractor in full, which is exactly what it tells the owner.

Civil Code §1689.6(a)(1) extends the period 'until midnight of the fifth business day if the buyer is a senior citizen', and B&P §7159(e) requires the notice itself to be captioned 'Five-Day Right to Cancel' in that case; §1689.6(a)(4) applies the five-day rule to contracts entered into on or after January 1, 2021. (d) is the most tempting wrong answer because it assumes protection scales with contract size; it does not — the trigger is the buyer's age. (a) and (c) name classes California protects in other statutes but not here. Two neighbouring rules are worth holding alongside this one: seven business days applies to a contract repairing damage from a declared disaster, and Civil Code §1689.13 lets any buyer waive the three-, five- or seven-day right in a genuine emergency by a separate dated, signed statement.

B&P §7159.5(a)(3) caps the downpayment at $1,000 or 10 percent of the contract amount, whichever is LESS — on a $30,000 job that is $1,000, not $3,000 — and §7159.5(a)(5) bars requesting or accepting any further payment exceeding the value of work performed or material delivered. The owner's eagerness is beside the point: these are not terms the parties may negotiate away, and accepting the money is cause for discipline whoever proposed it. There is a lawful route to prepayment, and it is §7159.5(a)(8): furnish a performance and payment bond, a lien and completion bond, or a registrar-approved joint control covering full performance and payment, and paragraphs (3), (4) and (5) stop applying. (a) invents a supplier requirement; a deposit to a supplier is the contractor's own cash-flow problem. (b) and (d) both treat the owner's consent as a waiver, which it is not.

B&P §7159 requires the schedule of progress payments to state each payment's dollar amount and correlate it to a specifically described phase of the work.

B&P §7159.10(a)(1)(D) makes 'no payment is due, or accepted by the contractor, until the work is completed' one of the four defining conditions of a service and repair contract, and §7159.10(a)(2) defines completion as every condition that caused the buyer to call being fully corrected and, where applicable, accepted by the building department. A $150 deposit breaks that condition, and §7159.10(b) then applies the full §7159 home improvement requirements to this $700 job — including the three-business-day right to cancel. (b) borrows the home improvement downpayment cap of $1,000 or 10 percent, whichever is less; on a service and repair contract the lawful downpayment is zero. (c) restates a different condition that happens to be satisfied, as though satisfying one excused the rest. (a) invents a percentage allowance.

B&P §7159(c)(3)(A) requires the contractor to give the buyer a copy of the contract signed and dated by both parties BEFORE any work is started, and §7159(d)(4) says it to the buyer in 12-point boldface: 'You are entitled to a completely filled in copy of this agreement, signed by both you and the contractor, before any work may be started.' A blank price or payment schedule defeats both, and it defeats the cancellation right as well, because §7159(c)(3)(A) makes the buyer's receipt of that copy the event that starts the clock. (d) is the practical version of the violation: figures filled in after the signature are figures the buyer never agreed to. (b) makes a mandatory term depend on the buyer thinking to ask. (c) puts the price in after work has begun, which is the situation the whole article exists to prevent.

B&P §7159(e) prescribes the notice almost verbatim. Captioned 'Three-Day Right to Cancel' — or 'Five-Day Right to Cancel' for a senior citizen — it states the right to cancel within three business days, the date of the transaction, the calendar date by which a notice of cancellation must be sent, and where to send it, by email, mail, fax or delivery to the contractor's place of business. A detachable Notice of Cancellation form follows in duplicate, in the language of the sales presentation. The DATE is the working part: without it the buyer cannot know when the deadline falls, which is why postdating the contract is separately punishable under §7160 and §7161. (a) is the one thing the notice may never contain; the right is not waivable except through the narrow emergency route in Civil Code §1689.13. (b) and (c) are invented.

Re-roofing an existing residence is home improvement under B&P §7151, and at $9,500 the aggregate contract price is well past the $500 line in §7151.2, so the whole §7159 package applies: the writing signed before work begins, the 'Home Improvement' heading, the price in dollars and cents, the description of the project and significant materials, the approximate start and substantial-completion dates, the payment schedule, the Three-Day Right to Cancel notice with its detachable form in duplicate, the Mechanics Lien Warning, the CSLB notice and the insurance notices. (a) is the violation the article exists to stop. (c) sends a residential job to a form carrying none of those consumer notices — the test is the type of property, not the size of the price. (b) confuses a lien release, a payment document exchanged during the job, with the contract itself.

B&P §7159.10(a)(1) sets four conditions, and the two that separate this form from a home improvement contract are the ceiling — a contract amount of $750 or less — and the payment rule, that no payment is due or accepted until the work is completed. (d) inverts that comparison: a home improvement contract may take a downpayment of $1,000 or 10 percent of the contract, whichever is less, while a service and repair contract may take nothing at all before completion. (a) removes the ceiling that defines the form. (c) is the biggest misconception of the three — §7159.10(d)-(e) prescribes its own substantial list of writings and notices, including the 'Service and Repair' heading, the Notice to the Buyer reciting the four conditions, and the boldface cancellation statement. If any condition fails, §7159.10(b) applies the full §7159 requirements regardless of price.

B&P §7161 prohibits using false promises, such as a bogus 'model home' or advertising discount, to induce a homeowner to sign a home improvement contract; it is grounds for discipline.

The $1,000-or-10%-whichever-is-less down payment cap is a home improvement contract rule under B&P §7159, protecting residential owners.

B&P §7159(d)(1) requires the contract to state the contractor's name, business address AND licence number, and §7159(a)(5) makes the omission cause for discipline. The number is what lets an owner check licence status, classification, bond and complaint history on CSLB's site before the first payment. (c) is the contractor's usual answer and it misses the requirement: this is a disclosure rule, not a licensure rule, so a properly licensed contractor who leaves the number off has still violated the section. (d) invents a threshold; the only one in the article is the $500 that makes it a home improvement contract. (b) gets the consequence backwards — a non-compliant contract does not shorten the buyer's rights, and under §7159(c)(3)(A) the cancellation period does not begin until the buyer receives a signed, dated copy.

The Home Improvement Business article exists to put three things in the buyer's hands before money moves: a description of the work with the price in dollars and cents (§7159(d)); a payment schedule that never runs ahead of the value in place, plus a downpayment capped at $1,000 or 10 percent of the contract, whichever is less (§7159.5(a)(3)-(5)); and a three-business-day right to cancel with a detachable notice (§7159(e)). (a) inverts whose protection this is — a compliant contract constrains the contractor far more than the owner. (b) invents a fee; CSLB neither receives nor reviews these contracts, although §7159(a)(5) makes non-compliance cause for discipline. (c) treats the requirements as ceremony, but each one maps to a specific way buyers were losing money.

B&P §7159.10(a)(1)(B) makes buyer-initiated contact one of the four conditions: 'The prospective buyer initiated contact with the contractor to request the work.' The other three are a contract amount of $750 or less, no sale of goods or services beyond those reasonably necessary for the particular problem that prompted the call, and no payment due or accepted until the work is completed. A contract solicited door to door is the opposite fact pattern — it is a home solicitation under Civil Code §1689.5 and carries the three-business-day right to cancel. (a) inverts the ceiling into a floor, and uses the wrong number besides. (d) borrows the senior-citizen rule, which lengthens the cancellation period under §1689.6 but says nothing about which contract form applies. (b) invents a financing requirement; §7159.10 bars payment before completion rather than requiring a plan for it.

B&P §7151.2 measures the 'aggregate contract price specified in one or more improvement contracts', and the home improvement requirements bite once that aggregate exceeds $500 — bundling raises the figure, it cannot lower it. Worse for the contractor, §7159.10(b) provides that where a contract is presented as a service and repair contract without meeting every condition in §7159.10(a) — here both the $750 ceiling and the no-upselling rule fail — the full §7159 requirements apply to the whole contract regardless of price, cancellation rights included. (b) is the intended trick, and it backfires. (c) leaves a $9,000 job on a verbal quote, which §7159(d) forbids outright. (d) invents a maintenance exemption; §7151 defines home improvement broadly enough to cover repairing, remodeling, altering and adding to a residence.

A funding control holds the money and pays it out as the work it was earmarked for is verified in place. That is exactly why B&P §7159.5(a)(8) lets a contractor who furnishes a registrar-approved joint control covering full performance and payment escape the downpayment cap, the payment-schedule requirement and the rule against collecting ahead of the value delivered — the control substitutes a neutral verifier for the statutory cash limits, and the same paragraph lets such a contractor accept payment before completion. Note that §7159.5(a)(8) also bars the contractor from holding any financial or other interest in the control, which is what keeps it neutral. (b), (c) and (d) each hand the control somebody else's job.

The signing date is critical because the buyer's three-business-day (or five-day for seniors) right to cancel runs from that date; an undated contract obscures this deadline.

B&P §7161 and related statutes make willful abandonment of a construction or home improvement project without legal excuse a prohibited act and cause for CSLB discipline.

B&P §7159 requires a schedule of progress payments describing each phase and its dollar amount; a contract that lists only a total price fails this requirement.

B&P §7159.10(d)-(e) lists what even this short form must carry: the 'Service and Repair' heading in 10-point boldface, the 12-point Notice to the Buyer reciting the four qualifying conditions, the notice that the buyer is entitled to a completed signed copy before work starts, the contract price in dollars and cents, a description of the project and the materials and equipment, the commercial general liability and workers' compensation notices, the offer to return replaced parts, and the boldface 'YOUR RIGHTS TO CANCEL BEFORE WORK BEGINS' statement, dated and signed by the buyer. (c) breaks the form outright: §7159.10(a)(1)(D) allows no payment until the work is complete, so demanding prepayment converts this $500 job into a full §7159 home improvement contract. (b) is selling beyond what the call required, which breaks a different condition. (d) is required nowhere.