Cal Civ Code § 1689.6 (2006)
§ 1689.6. Right to cancel home solicitation contract or offer
(a)
(1) Except for a contract written pursuant to Section 7151.2 or 7159.10 of the
Business and Professions Code, in addition to any other right to revoke an
offer, the buyer has the right to cancel a home solicitation contract or offer
until midnight of the third business day after the day on which the buyer signs
an agreement or offer to purchase which complies with Section 1689.7.
(2) In addition to any other right to revoke an offer, the buyer has the right
to cancel a home solicitation contract written pursuant to Section 7151.2 of the
Business and Professions Code until midnight of the third business day after the
buyer receives a signed and dated copy of the contract or offer to purchase that
complies with Section 1689.7 of this code.
(3)
(A) In addition to any other right to revoke an offer, the buyer has the right
to cancel a home solicitation contract or offer to purchase written pursuant to
Section 7159.10 of the Business and Professions Code, until the buyer receives a
signed and dated copy of a service and repair contract that complies with the
contract requirements specified in Section 7159.10 of the Business and
Professions Code and the work commences.
(B) For any contract written pursuant to Section 7159.10 of the Business and
Professions Code, or otherwise presented to the buyer as a service and repair
contract, unless all of the conforming requirements listed under subdivision (a)
of that section are met, the requirements set forth under Section 7159 of the
Business and Professions Code shall be applicable, regardless of the aggregate
contract price, including the right to cancel as set forth under this section.
(b) In addition to any other right to revoke an offer, any buyer has the right
to cancel a home solicitation contract or offer for the purchase of a personal
emergency response unit until midnight of the seventh business day after the day
on which the buyer signs an agreement or offer to purchase which complies with
Section 1689.7. This subdivision shall not apply to a personal emergency
response unit installed with, and as part of, a home security alarm system
subject to the Alarm Company Act (Chapter 11.6 (commencing with Section 7590) of
Division 3 of the Business and Professions Code) which has two or more
stationary protective devices used to enunciate an intrusion or fire and is
installed by an alarm company operator operating under a current license issued
pursuant to the Alarm Company Act, which shall instead be subject to subdivision
(a).
(c) In addition to any other right to revoke an offer, a buyer has the right to
cancel a home solicitation contract or offer for the repair or restoration of
residential premises damaged by a disaster that was not void pursuant to Section
1689.14, until midnight of the seventh business day after the buyer signs and
dates the contract unless the provisions of Section 1689.15 are applicable.
(d) Cancellation occurs when the buyer gives written notice of cancellation to
the seller at the address specified in the agreement or offer.
(e) Notice of cancellation, if given by mail, is effective when deposited in the
mail properly addressed with postage prepaid.
(f) Notice of cancellation given by the buyer need not take the particular form
as provided with the contract or offer to purchase and, however expressed, is
effective if it indicates the intention of the buyer not to be bound by the home
solicitation contract or offer.
(g) "Personal emergency response unit," for purposes of this section, means an
in-home radio transmitter device or two-way radio device generally, but not
exclusively, worn on a neckchain, wrist strap, or clipped to clothing, and
connected to a telephone line through which a monitoring station is alerted of
an emergency and emergency assistance is summoned.
§ 1689.7. Form of home solicitation contract or offer; Notice of cancellation
(a)
(1) Except for contracts written pursuant to Sections 7151.2 and 7159.10 of the
Business and Professions Code, in a home solicitation contract or offer, the
buyer's agreement or offer to purchase shall be written in the same language,
e.g., Spanish, as principally used in the oral sales presentation, shall be
dated, shall be signed by the buyer, and except as provided in paragraph (2),
shall contain in immediate proximity to the space reserved for his or her
signature, a conspicuous statement in a size equal to at least 10-point boldface
type, as follows: "You, the buyer, may cancel this transaction at any time prior
to midnight of the third business day after the date of this transaction. See
the attached notice of cancellation form for an explanation of this right."
(2) The statement required pursuant to this subdivision for a home solicitation
contract or offer for the purchase of a personal emergency response unit, as
defined in Section 1689.6, that is not installed with and as part of a home
security alarm system subject to the Alarm Company Act (Chapter 11.6 (commencing
with Section 7590) of Division 3 of the Business and Professions Code) that has
two or more stationary protective devices used to enunciate an intrusion or fire
and is installed by an alarm company operator operating under a current license
issued pursuant to the Alarm Company Act, is as follows: "You, the buyer, may
cancel this transaction at any time prior to midnight of the seventh business
day after the date of this transaction. See the attached notice of cancellation
form for an explanation of this right."
(3) Except for contracts written pursuant to Sections 7151.2 and 7159.10 of the
Business and Professions Code, the statement required pursuant to this
subdivision for the repair or restoration of residential premises damaged by a
disaster pursuant to subdivision (c) of Section 1689.6 is as follows: "You, the
buyer, may cancel this transaction at any time prior to midnight of the seventh
business day after the date of this transaction. See the attached notice of
cancellation form for an explanation of this right."
(4) A home solicitation contract written pursuant to Section 7151.2 of the
Business and Professions Code shall be written in the same language, e.g.,
Spanish, as principally used in the oral sales presentation. The contract, or an
attachment to the contract that is subject to Section 7159 of the Business and
Professions Code shall include in immediate proximity to the space reserved for
his or her signature, the following statement in a size equal to at least
12-point boldface type, which shall be dated and signed by the buyer:
"Three-Day Right to Cancel
You, the buyer, have the right to cancel this contract within three
business days. You may cancel 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 after you received a signed and
dated copy of the contract that includes this notice. Include your name,
your address, and the date you received the signed copy of the contract
and this notice.
If you cancel, the contractor must return to you anything you paid
within 10 days of receiving the notice of cancellation. For your part, you
must make available to the contractor at your residence, in substantially
as good condition as you received it, any goods delivered to you under
this contract or sale. Or, you may, if you wish, comply with the
contractor's instructions on how to return the goods at the contractor's
expense and risk. If you do make the goods available to the contractor
and the contractor does not pick them up within 20 days of the date of
your notice of cancellation, you may keep them without any further
obligation. If you fail to make the goods available to the contractor, or if
you agree to return the goods to the contractor and fail to do so, then you
remain liable for performance of all obligations under the contract."
(b) The agreement or offer to purchase shall contain on the first page, in a
type size no smaller than that generally used in the body of the document, the
following: (1) the name and address of the seller to which the notice is to be
mailed, and (2) the date the buyer signed the agreement or offer to purchase.
(c) Except for contracts written pursuant to Sections 7151.2 and 7159.10 of the
Business and Professions Code, or except as provided in subdivision (d), the
agreement or offer to purchase shall be accompanied by a completed form in
duplicate, captioned "Notice of Cancellation" which shall be attached to the
agreement or offer to purchase and be easily detachable, and which shall contain
in type of at least 10-point the following statement written in the same
language, e.g., Spanish, as used in the contract:
"Notice of Cancellation"
/enter date of transaction/
________________
(Date)
"You may cancel this transaction, without any penalty or obligation, within
three business
days from the above date.
If you cancel, any property traded in, any payments made by you under the
contract or sale,
and any negotiable instrument executed by you will be returned within 10 days
following
receipt by the seller of your cancellation notice, and any security interest
arising out of the
transaction will be canceled.
If you cancel, you must make available to the seller at your residence, in
substantially as
good condition as when received, any goods delivered to you under this contract
or sale, or you
may, if you wish, comply with the instructions of the seller regarding the
return shipment of
the goods at the seller's expense and risk.
If you do make the goods available to the seller and the seller does not pick
them up within
20 days of the date of your notice of cancellation, you may retain or dispose of
the goods without
any further obligation. If you fail to make the goods available to the seller,
or if you agree to
return the goods to the seller and fail to do so, then you remain liable for
performance of all
obligations under the contract."
To cancel this transaction, mail or deliver a signed and dated copy of this
cancellation notice,
or any other written notice, or send a telegram
to
____________________________________________________________________________________
/name of seller/ ,
at
____________________________________________________________________________________
/address of seller's place of business/ ,
at ________________
(Date).
I hereby cancel this transaction. ________________
(Date).
________________
(Buyer's signature)
(d) Any agreement or offer to purchase a personal emergency response unit, as
defined in Section 1689.6, which is not installed with and as part of a home
security alarm system subject to the Alarm Company Act which has two or more
stationary protective devices used to enunciate an intrusion or fire and is
installed by an alarm company operator operating under a current license issued
pursuant to the Alarm Company Act, shall be subject to the requirements of
subdivision (c), and shall be accompanied by the "Notice of Cancellation"
required by subdivision (c), except that the first paragraph of that notice
shall be deleted and replaced with the following paragraph:
You may cancel this transaction, without any penalty or obligation, within seven
business days from the above date.
(e) A home solicitation contract written pursuant to Section 7151.2 of the
Business and Professions Code for the repair or restoration of residential
premises damaged by a disaster that is subject to subdivision (c) of Section
1689.6, shall be written in the same language, e.g., Spanish, as principally
used in the oral sales presentation. The contract, or an attachment to the
contract that is subject to Section 7159 of the Business and Professions Code
shall include, in immediate proximity to the space reserved for his or her
signature, the following statement in a size equal to at least 12-point boldface
type, which shall be signed and dated by the buyer:
"Seven-Day Right to Cancel
You, the buyer, have the right to cancel this contract within three
business days. You may cancel 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 after you received a signed and
dated copy of the contract that includes this notice. Include your name,
your address, and the date you received the signed copy of the contract
and this notice.
If you cancel, the contractor must return to you anything you paid
within 10 days of receiving the notice of cancellation. For your part, you
must make available to the contractor at your residence, in substantially
as good condition as you received it, any goods delivered to you under
this contract or sale. Or, you may, if you wish, comply with the
contractor's instructions on how to return the goods at the contractor's
expense and risk. If you do make the goods available to the contractor
and the contractor does not pick them up within 20 days of the date of
your notice of cancellation, you may keep them without any further
obligation. If you fail to make the goods available to the contractor, or if
you agree to return the goods to the contractor and fail to do so, then you
remain liable for performance of all obligations under the contract."
(f) The seller shall provide the buyer with a copy of the contract or offer to
purchase and the attached notice of cancellation, and shall inform the buyer
orally of his or her right to cancel and the requirement that cancellation be in
writing, at the time the home solicitation contract or offer is executed.
(g) Until the seller has complied with this section the buyer may cancel the
home solicitation contract or offer.
(h) "Contract or sale" as used in subdivision (c) means "home solicitation
contract or offer" as defined by Section 1689.5.