合同与履行第 726 / 1632 题

A contractor pre-prints the contract 'date' as the day AFTER the actual signing to shorten the buyer's cancellation window. This is:

a.Lawful, because the date printed on a contract is purely a matter of drafting
b.Lawful for emergency repairs, where the cancellation period is waived entirely
c.Lawful provided that the buyer initials the printed date at the time of signing
d.Unlawful, because the cancellation period runs from the true signing date

解析

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.

法律依据: Bus. & Prof. Code §7159(d), (e); §7160, §7161

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审核人 Abraham Chen — Licensed California General Contractor (CSLB License #1101856 — 核实)
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