合同与履行
339 道题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.
Bus. & Prof. Code §7159(e), §7159(a)(5); cf. §7164(b)(4), Civil Code §8400Civil 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.
Civil Code §1689.6(a); Bus. & Prof. Code §7159(e)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.
Bus. & Prof. Code §7159.5(a)(3), (5), (8)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 §7159B&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.
Bus. & Prof. Code §7159.10(a)(1)(D), (a)(2), (b)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.
Bus. & Prof. Code §7159(c)(3)(A), §7159(d)(4)-(5)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.
Bus. & Prof. Code §7159(e); Civil Code §1689.13; §7160-§7161Re-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.
Bus. & Prof. Code §7151, §7151.2, §7159B&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.
Bus. & Prof. Code §7159.10(a)(1), (b), (d)-(e); §7159.5(a)(3)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.
B&P §7161The $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)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.
Bus. & Prof. Code §7159(d)(1), §7159(a)(5), §7159(c)(3)(A)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.
Bus. & Prof. Code §7159(d)-(e), §7159.5(a)(3)-(5)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.
Bus. & Prof. Code §7159.10(a)(1); Civil Code §1689.5, §1689.6B&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.
Bus. & Prof. Code §7151, §7151.2, §7159(d), §7159.10(b)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.
Bus. & Prof. Code §7159.5(a)(8)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 §7159(c)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 §7161B&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 §7159B&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.
Bus. & Prof. Code §7159.10(a)(1)(D), (d)-(e)B&P §7159(e) requires the cancellation notice to be accompanied by a completed form IN DUPLICATE, captioned 'Notice of Cancellation', on a separate and detachable page, in the same language as the sales presentation — two copies so the buyer can send one to the contractor and keep the other as proof of the date sent. Civil Code §1689.7 imposes the same duplicate requirement on home solicitation contracts generally. (b) leaves the buyer nothing to send; a notice printed only on the contract face defeats the mechanism. (a) and (c) import formalities from land records — a cancellation notice is delivered to the contractor, not notarized or recorded. If the form is missing, §7159(a)(6) lets the buyer complain to CSLB, and the cancellation period never starts to run.
Bus. & Prof. Code §7159(e), §7159(a)(6); Civil Code §1689.7Ten percent of $3,000 is $300, which is less than the $1,000 cap. Because the limit is the lesser of the two, the maximum down payment is $300.
B&P §7159(d)B&P §7159(d) requires the home improvement contract, and any change to it, to be in writing and signed before the work it covers begins, and §7159(e) puts the three-business-day cancellation notice next to the buyer's signature. The protection is sequencing: the buyer sees the price, the payment schedule, the completion date and the right to cancel while walking away still costs nothing. (a) inverts it — a compliant contract waives nothing, and B&P §7160 makes misrepresentation used to obtain a home improvement contract a separate offense. (c) confuses a consumer-protection formality with price regulation; California does not set contract prices. (d) confuses the contract with the permit; the building department's requirements are untouched by who signed what.
Bus. & Prof. Code §7159(d), §7159(e); §7160B&P §7159.10(a) makes this a checklist, not a judgment call: the service and repair form is available only when the contract amount is $750 or less, the buyer initiated contact to request the work, the contractor sells nothing beyond what is reasonably necessary for the particular problem that prompted the call, and no payment is due or accepted until the work is completed. Fail any one and §7159.10(b) applies the full §7159 home improvement requirements regardless of price, cancellation rights included. (a) drops every condition. (b) inverts the ceiling into a floor — $2,000 is above the limit, not inside it. (c) borrows the senior-citizen rule, which lengthens the cancellation period under Civil Code §1689.6 but says nothing about which contract form applies.
Bus. & Prof. Code §7159.10(a)-(b)B&P §7159(d) requires the contract to be legible and to clearly describe any other document to be incorporated into it, under the heading 'List of Documents to be Incorporated into the Contract'; §7159(d)(4) entitles the buyer to a completely filled in copy, signed by both parties, before any work may be started. A document the buyer has never seen cannot form part of what the buyer agreed to. §7164(c) says the same for a contract to build a single-family dwelling. (c) is the everyday violation — plans and specifications riding in the contractor's truck, referenced but never handed over. (a) states it as deliberate policy, which only compounds it. (b) confuses the contract with a recorded instrument; nothing about a home improvement contract is recorded, and CSLB neither reviews nor files it.
Bus. & Prof. Code §7159(d), §7159(d)(4); cf. §7164(c)An estimate is a price opinion: it binds nobody and creates no rights. A home improvement contract is a regulated instrument. B&P §7159(d) requires the 'Home Improvement' heading in 10-point boldface, the contract amount in dollars and cents, a description of the project and the significant materials, the 'Approximate Start Date' and the estimated completion date (§7159(d)(10)-(11)), the payment schedule, and both signatures before work begins; §7159(e) adds the cancellation notice and form, the Mechanics Lien Warning, the CSLB notice and the insurance notices. Handing the owner an estimate and starting work leaves the contractor with no enforceable change-order rights and exposure to discipline under §7159(a)(5). (b), (c) and (d) each invent a formality the statute does not impose — nothing in §7159 concerns colour, tax records or notarization.
Bus. & Prof. Code §7159(d)(10)-(11), (e), §7159(a)(5)Civil Code §1689.6(a) starts the clock on the buyer's receipt of an agreement 'which complies with Section 1689.7' — and §1689.7 is the section requiring the cancellation disclosure and the detachable Notice of Cancellation in duplicate, in the language of the sales presentation. A contract without them never starts the period, so the right to cancel stays open. (a) runs the clock off the signature regardless of the notice, which is exactly the shortcut the statute forecloses. (b) treats the signature as a waiver; these terms are mandatory under B&P §7159(d) and (e), and a buyer cannot waive them by signing a non-compliant form. (d) invents a 24-hour period that exists nowhere in California law.
Civil Code §1689.6(a), §1689.7; Bus. & Prof. Code §7159(e)B&P §7159.5(a)(5) forbids the contractor, downpayment aside, to request or accept any payment exceeding the value of the work performed or the material delivered — and here nothing has been performed and nothing delivered, so the permissible figure is zero. The $1,000 already taken was itself the maximum: §7159.5(a)(3) caps the downpayment at $1,000 or 10 percent of the contract amount, whichever is LESS, and on a $60,000 job that is $1,000, not $6,000. (a) treats the modest downpayment as head-room for a bigger second bite; the two rules are independent, and satisfying one does not relax the other. (b) and (c) treat the owner's means and the form of payment as though they mattered; neither appears in the statute. The lawful route to money up front is the §7159.5(a)(8) bond or registrar-approved joint control.
Bus. & Prof. Code §7159.5(a)(3), (5), (8)A $2,500 solicited patio cover exceeds the $750 service and repair limit and was not buyer-initiated, so it requires a full home improvement contract under §7159.
B&P §7159B&P §7159(d)(8) requires the contract to carry the heading 'Downpayment', a space where the actual downpayment appears, and this statement in at least 12-point boldface type: 'THE DOWNPAYMENT MAY NOT EXCEED $1,000 OR 10 PERCENT OF THE CONTRACT PRICE, WHICHEVER IS LESS.' Printing the figure beside the rule is what lets a buyer do the arithmetic on the spot — on a $60,000 job the ceiling is $1,000, not $6,000, because §7159.5(a)(3) takes the LESSER of the two. (b) is the opposite of the purpose; disclosure is how over-collection gets caught. (a) and (c) are invented — no lender sets the contract price, and CSLB's fees have nothing to do with the contract's terms. Note the exception: §7159.5(a)(8) lifts the cap for a contractor who furnishes a performance and payment bond or a registrar-approved joint control.
Bus. & Prof. Code §7159(d)(8); §7159.5(a)(3), (8)B&P §7159.10 requires that no payment be collected on a service and repair contract until the work is complete, so the plumber bills after finishing the repair.
B&P §7159.10B&P §7153(a) makes it a MISDEMEANOR to engage in the occupation of home improvement salesperson without a current and valid registration at the time of the sales transaction, and lets the registrar cite the salesperson under §7028.7. The contractor is not a bystander: §7154 requires him to notify the registrar in writing of the salesperson's employment before that person begins work, and §7155.5 makes the salesperson's violations cause for disciplinary action against the contractor 'whether or not the contractor had knowledge of or participated in' them. The paperwork gives it away too — §7159(d)(2) requires the salesperson's name and registration number in the contract itself. (a) invents a dollar threshold; the duty turns on the activity, not the price. (c) invents a family exemption. (d) treats the contractor's licence as covering the salesperson, which is precisely what a separate registration scheme exists to prevent.
Bus. & Prof. Code §7153, §7154, §7155.5; §7159(d)(2)Civil Code §1632 requires a person who negotiates a covered contract primarily in Spanish, Chinese, Tagalog, Vietnamese or Korean to deliver, before the buyer signs, a translation of the contract in that language. B&P §7159(e) carries the same principle into the Home Improvement article at the sharpest point: the Notice of Cancellation must be written 'in the same language, e.g., Spanish, as used in the contract', and the accompanying notice must be in the language principally used in the oral sales presentation. §7159.10(d)(1) says the same for a service and repair contract. (a) makes a consumer protection turn on the contractor's guess about the buyer's fluency, which is what a bright-line rule exists to avoid. (c) translates the label and leaves the obligations in a language the buyer never negotiated in. (d) is simply wrong on the law.
Civil Code §1632; Bus. & Prof. Code §7159(e), §7159.10(d)(1)Ten percent of $5,000 is $500, which is less than the $1,000 cap, so the maximum lawful down payment is $500 even though the owner offers to prepay in full.
B&P §7159(d)B&P §7161 lists departing from or disregarding the plans and specifications without the owner's written consent among prohibited acts and causes for disciplinary action.
B&P §7161Full prepayment before work begins is exactly what §7159 forbids; the statute limits down payments and ties progress payments to work performed while requiring the written contract and notices.
B&P §7159A purported acceptance that changes a material term of the offer is not an acceptance at all; it is a counteroffer that terminates the original offer. Because the contractor changed the price from $8,000 to $9,500, the parties have not reached mutual assent, and no contract is formed until someone accepts the new $9,500 terms. Price is a material term, so courts do not split the difference, and the original $8,000 offer is dead once rejected by the counteroffer.
The essential elements of a contract are competent (capable) parties, mutual consent, a lawful object, and consideration. Notarization is not an essential element; most contracts are fully enforceable without a notary. A notary merely verifies identity for certain recorded documents. Many valid contracts, including most construction contracts, are enforceable when signed without any notarization.
Civil Code §1550 lists a sufficient cause or consideration among the essential elements of a contract, and §1605 defines it: a benefit conferred on the promisor, or a prejudice suffered by the promisee, that the party is not already lawfully bound to give. The word doing the work is 'bargained' — each side must give something BECAUSE the other gave something. (c) plays on the everyday sense; deliberation is not consideration. (d) confuses the price with the exchange — consideration may be a promise, an act, or a forbearance, and a contract with no money in it at all is perfectly good. (a) names one common form consideration takes rather than the definition; a deposit is part performance, and the contract binds before any deposit is paid. Note §1614: a written instrument is presumptive evidence of consideration, which shifts the burden to the party denying it.
Civil Code §1550, §1605, §1614Minors generally lack the legal capacity to be bound by contracts, so a contract signed by a minor is voidable at the minor's option, not automatically void. The minor may disaffirm the contract, but an adult party is generally bound if the minor chooses to enforce it. Capacity, not the writing requirement, is the issue here, and voidable is different from void: a void contract has no legal effect at all, while a voidable one remains valid unless the protected party rescinds it.
A contract must have a lawful object. A contract to perform an illegal act, such as knowingly installing dangerous, code-violating work, is illegal and therefore unenforceable by either party; courts generally leave the parties where they find them. Mutual agreement cannot cure illegality. This is not merely voidable by one party; illegality makes the entire bargain unenforceable as against public policy.
Courts apply the objective theory of contracts: mutual assent is judged by the parties' outward expressions, words and conduct, as a reasonable person would interpret them, not by unexpressed private intentions. A party's secret intent not to be bound is irrelevant if their outward conduct manifests agreement. This protects reasonable reliance on what people actually say and do.
Civil Code §1586 lets a proposal be revoked at any time before its acceptance is communicated, and §1587 lists how revocation happens — communication to the offeree, lapse of the stated or a reasonable time, failure of a prescribed condition, or the death or incapacity of the offeror. The facts in this question describe the EXCEPTION rather than the rule: an offer held open by a signed promise is an option, and in construction a subcontractor's bid can be made irrevocable by the general contractor's reasonable reliance under Drennan v. Star Paving Co. (1958) 51 Cal.2d 409. (a) confuses lapse with irrevocability — a reasonable time limits how long an offer lasts, it does not stop the offeror withdrawing it sooner. (b) states the option rule as though it were the general rule. (c) invents a form distinction; revocability does not turn on whether the offer was written.
Civil Code §1586, §1587; Drennan v. Star Paving Co. (1958) 51 Cal.2d 409Under the traditional mailbox rule, an acceptance sent by an authorized or reasonable means is effective upon dispatch, that is, when properly mailed, not when received or read by the offeror. Revocations, by contrast, are effective only on receipt. This rule allocates the risk of transmission delay to the offeror who chose to make the offer.
Civil Code §1550 makes a sufficient cause or consideration an essential element of a contract, and §1605 defines it as a benefit conferred on the promisor, or a prejudice suffered by the promisee, that neither is already lawfully bound to give. A gift promise has neither, so there is nothing to enforce. (c) reaches for the Statute of Frauds, which is a rule about FORM — writing down an unenforceable promise does not supply the consideration it lacks, though Civil Code §1614 does make a written instrument presumptive evidence of consideration, which shifts the burden rather than creating the element. (d) invents a witness rule California does not have. The genuine escape is promissory estoppel: where the promisee justifiably and substantially relies to their detriment, the promise can be enforced despite the missing consideration.
Civil Code §1550, §1605, §1614A promise to pay more for exactly what the other party is already bound to do has no consideration behind it: Civil Code §1605 requires a benefit conferred, or a prejudice suffered, that the party is 'not lawfully bound' to give, and the framer already owed the framing. Two lawful routes exist — §1698(b) enforces an oral modification to the extent it has been executed, and §1698(c) a written one supported by new consideration, so a genuine change in scope or an agreed acceleration would support the increase. (b) is the trap: a signature makes a document, not consideration, and a change order that adds no work adds no obligation — which is also why B&P §7159(e)(3) requires the change order to state the added scope. (c) invents a threshold found nowhere. (d) mistakes assent for consideration, which is precisely the distinction the pre-existing duty rule draws.
Civil Code §1605, §1698(b)-(c); Bus. & Prof. Code §7159(e)(3)The Statute of Frauds (Civil Code §1624) requires certain contracts to be in writing and signed, including agreements that by their terms cannot be performed within one year, contracts for the sale of real property, and suretyship promises to answer for another's debt. Short-term, quickly performed jobs like a next-week fence painting or same-day debris hauling need not be written. The statute targets specific categories, not every contract.
California Civil Code §1624The Statute of Frauds requires a writing for specific categories such as sales of land, promises to answer for the debt of another (guaranties), and contracts not performable within one year. A simple, fully performable-within-days job like installing a water heater tomorrow falls outside those categories and can be enforceable orally, though other laws (like home improvement contract rules) may separately require a writing.
California Civil Code §1624Civil Code §1624(a)(3) makes an agreement for the sale of real property, or an interest in it, invalid unless it or some memorandum of it is in writing and subscribed by the party to be charged. A handshake is not a subscription, so the landowner has a complete defense — subject to part performance or estoppel, which take more than a handshake. (c) misreads consideration: the exchanged promises ARE consideration; the defect is the FORM of the agreement, not its substance. (b) raises capacity, which under Civil Code §1556 turns on minority, unsound mind or deprivation of civil rights, none of which appears in the facts. (a) raises illegality under §1667; selling a vacant lot is entirely lawful.
Civil Code §1624(a)(3); cf. §1556, §1667Civil Code §1624 lists the agreements that are invalid unless in writing and subscribed by the party to be charged: those that cannot be performed within a year, promises to answer for another's debt, agreements for the sale of real property or a lease longer than a year, an agreement authorizing a broker's commission, and a few others. The purpose is evidentiary — to stop a court enforcing an important promise on nothing but one side's recollection. (c) confuses the Statute of Frauds with fraud itself; it punishes nobody and bites on perfectly honest parties who simply failed to write it down. (d) inflates the requirement: a signature by the party to be charged is enough, and §1624 requires notarization nowhere. (b) invents price regulation.
Civil Code §1624