| 1 | | - | Senate Bill No. 981 CHAPTER 932 An act to amend Section 17577.3 of the Business and Professions Code, relating to business. [ Approved by Governor September 29, 2018. Filed with Secretary of State September 29, 2018. ] LEGISLATIVE COUNSEL'S DIGESTSB 981, Dodd. Home solicitation contract or offer: water treatment devices: rescission.Existing law authorizes a buyer to rescind a home solicitation contract or offer, as defined, within a limited period of time if specified requirements are met. Under existing law, a contract or offer, subject to approval, for the sale, lease, or rental of a water treatment device is deemed a home solicitation contract or offer. Existing law prohibits a water treatment device or any other materials that are the subject of a home solicitation contract or offer from being delivered or installed, or other services performed, until the expiration of the rescission period, as provided. Existing law makes a violation of these provisions a crime.Existing law prescribes additional requirements on a home improvement contract if obtaining a loan is a condition precedent to the contract or if the contractor provides financing or assists the buyer in obtaining a loan. Existing law renders the home improvement contract unenforceable if the additional requirements are not met, including, among others, if the buyer rescinds the loan or financing transaction within the 3-day period prescribed for rescission pursuant to the federal Truth in Lending Act. Under existing law, a contractor is prohibited from delivering any property or performing any services in relation to the home improvement project until the additional requirements are met.This bill would authorize the delivery and installation of a water treatment device or any other materials during the home solicitation contract rescission period, subject to the above-described additional rescission requirements for a home improvement contract. The bill would make the seller responsible for all costs in removing the installed water treatment device or other materials, and would require that removal to occur within 20 days if the buyer rescinds the contract before the expiration of the rescission period. The bill would also require the seller to restore the property to substantially as good condition as it was at the time the services were rendered if the sellers services result in the alteration of property of the buyer. Because a violation of the bills requirements would be a crime, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 17577.3 of the Business and Professions Code is amended to read:17577.3. (a) A contract or offer which is subject to approval, for the sale, lease, or rental of a water treatment device shall be deemed a home solicitation contract or offer, as defined in subdivision (a) of Section 1689.5 of the Civil Code regardless of where the contract or offer was made, and shall be subject to the provisions of Sections 1689.5 to 1689.13, inclusive, of the Civil Code if the contract or offer arises out of a scheduled presentation to promote the sale, lease, or rental of a water treatment device to a person invited to attend the presentation at a location other than a private residence.(b) A water treatment device or any other materials that are the subject of a contract offer described in subdivision (a) may be delivered and installed during the rescission period provided in Sections 1689.5 to 1689.13, inclusive, of the Civil Code. Notwithstanding any other law, if a buyer exercises his or her right to rescind the contract in accordance with those rescission provisions, the seller shall be responsible for all costs in removing the installed water treatment device or any other materials and shall remove that device or any other materials within 20 days of the rescission. If the sellers services result in the alteration of property of the buyer, the seller shall restore the property to substantially as good condition as it was at the time the services were rendered.(c) A water treatment device or any other materials that are the subject of a contract offer described in subdivision (a) shall be delivered and installed in accordance with Section 7163 and the federal Truth in Lending Act (15 U.S.C. Sec. 1601 et seq.), as applicable. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. |
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| 1 | + | Enrolled August 31, 2018 Passed IN Senate August 28, 2018 Passed IN Assembly August 27, 2018 Amended IN Assembly August 23, 2018 Amended IN Senate April 16, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 981Introduced by Senator DoddFebruary 01, 2018 An act to amend Section 17577.3 of the Business and Professions Code, relating to business. LEGISLATIVE COUNSEL'S DIGESTSB 981, Dodd. Home solicitation contract or offer: water treatment devices: rescission.Existing law authorizes a buyer to rescind a home solicitation contract or offer, as defined, within a limited period of time if specified requirements are met. Under existing law, a contract or offer, subject to approval, for the sale, lease, or rental of a water treatment device is deemed a home solicitation contract or offer. Existing law prohibits a water treatment device or any other materials that are the subject of a home solicitation contract or offer from being delivered or installed, or other services performed, until the expiration of the rescission period, as provided. Existing law makes a violation of these provisions a crime.Existing law prescribes additional requirements on a home improvement contract if obtaining a loan is a condition precedent to the contract or if the contractor provides financing or assists the buyer in obtaining a loan. Existing law renders the home improvement contract unenforceable if the additional requirements are not met, including, among others, if the buyer rescinds the loan or financing transaction within the 3-day period prescribed for rescission pursuant to the federal Truth in Lending Act. Under existing law, a contractor is prohibited from delivering any property or performing any services in relation to the home improvement project until the additional requirements are met.This bill would authorize the delivery and installation of a water treatment device or any other materials during the home solicitation contract rescission period, subject to the above-described additional rescission requirements for a home improvement contract. The bill would make the seller responsible for all costs in removing the installed water treatment device or other materials, and would require that removal to occur within 20 days if the buyer rescinds the contract before the expiration of the rescission period. The bill would also require the seller to restore the property to substantially as good condition as it was at the time the services were rendered if the sellers services result in the alteration of property of the buyer. Because a violation of the bills requirements would be a crime, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 17577.3 of the Business and Professions Code is amended to read:17577.3. (a) A contract or offer which is subject to approval, for the sale, lease, or rental of a water treatment device shall be deemed a home solicitation contract or offer, as defined in subdivision (a) of Section 1689.5 of the Civil Code regardless of where the contract or offer was made, and shall be subject to the provisions of Sections 1689.5 to 1689.13, inclusive, of the Civil Code if the contract or offer arises out of a scheduled presentation to promote the sale, lease, or rental of a water treatment device to a person invited to attend the presentation at a location other than a private residence.(b) A water treatment device or any other materials that are the subject of a contract offer described in subdivision (a) may be delivered and installed during the rescission period provided in Sections 1689.5 to 1689.13, inclusive, of the Civil Code. Notwithstanding any other law, if a buyer exercises his or her right to rescind the contract in accordance with those rescission provisions, the seller shall be responsible for all costs in removing the installed water treatment device or any other materials and shall remove that device or any other materials within 20 days of the rescission. If the sellers services result in the alteration of property of the buyer, the seller shall restore the property to substantially as good condition as it was at the time the services were rendered.(c) A water treatment device or any other materials that are the subject of a contract offer described in subdivision (a) shall be delivered and installed in accordance with Section 7163 and the federal Truth in Lending Act (15 U.S.C. Sec. 1601 et seq.), as applicable. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. |
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| 3 | | - | Senate Bill No. 981 CHAPTER 932 An act to amend Section 17577.3 of the Business and Professions Code, relating to business. [ Approved by Governor September 29, 2018. Filed with Secretary of State September 29, 2018. ] LEGISLATIVE COUNSEL'S DIGESTSB 981, Dodd. Home solicitation contract or offer: water treatment devices: rescission.Existing law authorizes a buyer to rescind a home solicitation contract or offer, as defined, within a limited period of time if specified requirements are met. Under existing law, a contract or offer, subject to approval, for the sale, lease, or rental of a water treatment device is deemed a home solicitation contract or offer. Existing law prohibits a water treatment device or any other materials that are the subject of a home solicitation contract or offer from being delivered or installed, or other services performed, until the expiration of the rescission period, as provided. Existing law makes a violation of these provisions a crime.Existing law prescribes additional requirements on a home improvement contract if obtaining a loan is a condition precedent to the contract or if the contractor provides financing or assists the buyer in obtaining a loan. Existing law renders the home improvement contract unenforceable if the additional requirements are not met, including, among others, if the buyer rescinds the loan or financing transaction within the 3-day period prescribed for rescission pursuant to the federal Truth in Lending Act. Under existing law, a contractor is prohibited from delivering any property or performing any services in relation to the home improvement project until the additional requirements are met.This bill would authorize the delivery and installation of a water treatment device or any other materials during the home solicitation contract rescission period, subject to the above-described additional rescission requirements for a home improvement contract. The bill would make the seller responsible for all costs in removing the installed water treatment device or other materials, and would require that removal to occur within 20 days if the buyer rescinds the contract before the expiration of the rescission period. The bill would also require the seller to restore the property to substantially as good condition as it was at the time the services were rendered if the sellers services result in the alteration of property of the buyer. Because a violation of the bills requirements would be a crime, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES |
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| 3 | + | Enrolled August 31, 2018 Passed IN Senate August 28, 2018 Passed IN Assembly August 27, 2018 Amended IN Assembly August 23, 2018 Amended IN Senate April 16, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 981Introduced by Senator DoddFebruary 01, 2018 An act to amend Section 17577.3 of the Business and Professions Code, relating to business. LEGISLATIVE COUNSEL'S DIGESTSB 981, Dodd. Home solicitation contract or offer: water treatment devices: rescission.Existing law authorizes a buyer to rescind a home solicitation contract or offer, as defined, within a limited period of time if specified requirements are met. Under existing law, a contract or offer, subject to approval, for the sale, lease, or rental of a water treatment device is deemed a home solicitation contract or offer. Existing law prohibits a water treatment device or any other materials that are the subject of a home solicitation contract or offer from being delivered or installed, or other services performed, until the expiration of the rescission period, as provided. Existing law makes a violation of these provisions a crime.Existing law prescribes additional requirements on a home improvement contract if obtaining a loan is a condition precedent to the contract or if the contractor provides financing or assists the buyer in obtaining a loan. Existing law renders the home improvement contract unenforceable if the additional requirements are not met, including, among others, if the buyer rescinds the loan or financing transaction within the 3-day period prescribed for rescission pursuant to the federal Truth in Lending Act. Under existing law, a contractor is prohibited from delivering any property or performing any services in relation to the home improvement project until the additional requirements are met.This bill would authorize the delivery and installation of a water treatment device or any other materials during the home solicitation contract rescission period, subject to the above-described additional rescission requirements for a home improvement contract. The bill would make the seller responsible for all costs in removing the installed water treatment device or other materials, and would require that removal to occur within 20 days if the buyer rescinds the contract before the expiration of the rescission period. The bill would also require the seller to restore the property to substantially as good condition as it was at the time the services were rendered if the sellers services result in the alteration of property of the buyer. Because a violation of the bills requirements would be a crime, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES |
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| 4 | + | |
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| 5 | + | Enrolled August 31, 2018 Passed IN Senate August 28, 2018 Passed IN Assembly August 27, 2018 Amended IN Assembly August 23, 2018 Amended IN Senate April 16, 2018 |
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| 6 | + | |
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| 7 | + | Enrolled August 31, 2018 |
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| 8 | + | Passed IN Senate August 28, 2018 |
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| 9 | + | Passed IN Assembly August 27, 2018 |
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| 10 | + | Amended IN Assembly August 23, 2018 |
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| 11 | + | Amended IN Senate April 16, 2018 |
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| 12 | + | |
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| 13 | + | CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION |
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| 11 | 23 | | |
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| 12 | 24 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 13 | 25 | | |
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| 14 | 26 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 15 | 27 | | |
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| 16 | 28 | | SB 981, Dodd. Home solicitation contract or offer: water treatment devices: rescission. |
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| 17 | 29 | | |
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| 18 | 30 | | Existing law authorizes a buyer to rescind a home solicitation contract or offer, as defined, within a limited period of time if specified requirements are met. Under existing law, a contract or offer, subject to approval, for the sale, lease, or rental of a water treatment device is deemed a home solicitation contract or offer. Existing law prohibits a water treatment device or any other materials that are the subject of a home solicitation contract or offer from being delivered or installed, or other services performed, until the expiration of the rescission period, as provided. Existing law makes a violation of these provisions a crime.Existing law prescribes additional requirements on a home improvement contract if obtaining a loan is a condition precedent to the contract or if the contractor provides financing or assists the buyer in obtaining a loan. Existing law renders the home improvement contract unenforceable if the additional requirements are not met, including, among others, if the buyer rescinds the loan or financing transaction within the 3-day period prescribed for rescission pursuant to the federal Truth in Lending Act. Under existing law, a contractor is prohibited from delivering any property or performing any services in relation to the home improvement project until the additional requirements are met.This bill would authorize the delivery and installation of a water treatment device or any other materials during the home solicitation contract rescission period, subject to the above-described additional rescission requirements for a home improvement contract. The bill would make the seller responsible for all costs in removing the installed water treatment device or other materials, and would require that removal to occur within 20 days if the buyer rescinds the contract before the expiration of the rescission period. The bill would also require the seller to restore the property to substantially as good condition as it was at the time the services were rendered if the sellers services result in the alteration of property of the buyer. Because a violation of the bills requirements would be a crime, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason. |
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| 19 | 31 | | |
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| 20 | 32 | | Existing law authorizes a buyer to rescind a home solicitation contract or offer, as defined, within a limited period of time if specified requirements are met. Under existing law, a contract or offer, subject to approval, for the sale, lease, or rental of a water treatment device is deemed a home solicitation contract or offer. Existing law prohibits a water treatment device or any other materials that are the subject of a home solicitation contract or offer from being delivered or installed, or other services performed, until the expiration of the rescission period, as provided. Existing law makes a violation of these provisions a crime. |
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| 21 | 33 | | |
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| 22 | 34 | | Existing law prescribes additional requirements on a home improvement contract if obtaining a loan is a condition precedent to the contract or if the contractor provides financing or assists the buyer in obtaining a loan. Existing law renders the home improvement contract unenforceable if the additional requirements are not met, including, among others, if the buyer rescinds the loan or financing transaction within the 3-day period prescribed for rescission pursuant to the federal Truth in Lending Act. Under existing law, a contractor is prohibited from delivering any property or performing any services in relation to the home improvement project until the additional requirements are met. |
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| 23 | 35 | | |
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| 24 | 36 | | This bill would authorize the delivery and installation of a water treatment device or any other materials during the home solicitation contract rescission period, subject to the above-described additional rescission requirements for a home improvement contract. The bill would make the seller responsible for all costs in removing the installed water treatment device or other materials, and would require that removal to occur within 20 days if the buyer rescinds the contract before the expiration of the rescission period. The bill would also require the seller to restore the property to substantially as good condition as it was at the time the services were rendered if the sellers services result in the alteration of property of the buyer. Because a violation of the bills requirements would be a crime, the bill would impose a state-mandated local program. |
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| 25 | 37 | | |
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| 26 | 38 | | The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. |
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| 27 | 39 | | |
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| 28 | 40 | | This bill would provide that no reimbursement is required by this act for a specified reason. |
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| 29 | 41 | | |
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| 30 | 42 | | ## Digest Key |
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| 31 | 43 | | |
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| 32 | 44 | | ## Bill Text |
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| 33 | 45 | | |
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| 34 | 46 | | The people of the State of California do enact as follows:SECTION 1. Section 17577.3 of the Business and Professions Code is amended to read:17577.3. (a) A contract or offer which is subject to approval, for the sale, lease, or rental of a water treatment device shall be deemed a home solicitation contract or offer, as defined in subdivision (a) of Section 1689.5 of the Civil Code regardless of where the contract or offer was made, and shall be subject to the provisions of Sections 1689.5 to 1689.13, inclusive, of the Civil Code if the contract or offer arises out of a scheduled presentation to promote the sale, lease, or rental of a water treatment device to a person invited to attend the presentation at a location other than a private residence.(b) A water treatment device or any other materials that are the subject of a contract offer described in subdivision (a) may be delivered and installed during the rescission period provided in Sections 1689.5 to 1689.13, inclusive, of the Civil Code. Notwithstanding any other law, if a buyer exercises his or her right to rescind the contract in accordance with those rescission provisions, the seller shall be responsible for all costs in removing the installed water treatment device or any other materials and shall remove that device or any other materials within 20 days of the rescission. If the sellers services result in the alteration of property of the buyer, the seller shall restore the property to substantially as good condition as it was at the time the services were rendered.(c) A water treatment device or any other materials that are the subject of a contract offer described in subdivision (a) shall be delivered and installed in accordance with Section 7163 and the federal Truth in Lending Act (15 U.S.C. Sec. 1601 et seq.), as applicable. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. |
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| 35 | 47 | | |
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| 36 | 48 | | The people of the State of California do enact as follows: |
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| 37 | 49 | | |
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| 38 | 50 | | ## The people of the State of California do enact as follows: |
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| 39 | 51 | | |
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| 40 | 52 | | SECTION 1. Section 17577.3 of the Business and Professions Code is amended to read:17577.3. (a) A contract or offer which is subject to approval, for the sale, lease, or rental of a water treatment device shall be deemed a home solicitation contract or offer, as defined in subdivision (a) of Section 1689.5 of the Civil Code regardless of where the contract or offer was made, and shall be subject to the provisions of Sections 1689.5 to 1689.13, inclusive, of the Civil Code if the contract or offer arises out of a scheduled presentation to promote the sale, lease, or rental of a water treatment device to a person invited to attend the presentation at a location other than a private residence.(b) A water treatment device or any other materials that are the subject of a contract offer described in subdivision (a) may be delivered and installed during the rescission period provided in Sections 1689.5 to 1689.13, inclusive, of the Civil Code. Notwithstanding any other law, if a buyer exercises his or her right to rescind the contract in accordance with those rescission provisions, the seller shall be responsible for all costs in removing the installed water treatment device or any other materials and shall remove that device or any other materials within 20 days of the rescission. If the sellers services result in the alteration of property of the buyer, the seller shall restore the property to substantially as good condition as it was at the time the services were rendered.(c) A water treatment device or any other materials that are the subject of a contract offer described in subdivision (a) shall be delivered and installed in accordance with Section 7163 and the federal Truth in Lending Act (15 U.S.C. Sec. 1601 et seq.), as applicable. |
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| 41 | 53 | | |
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| 42 | 54 | | SECTION 1. Section 17577.3 of the Business and Professions Code is amended to read: |
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| 43 | 55 | | |
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| 44 | 56 | | ### SECTION 1. |
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| 45 | 57 | | |
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| 46 | 58 | | 17577.3. (a) A contract or offer which is subject to approval, for the sale, lease, or rental of a water treatment device shall be deemed a home solicitation contract or offer, as defined in subdivision (a) of Section 1689.5 of the Civil Code regardless of where the contract or offer was made, and shall be subject to the provisions of Sections 1689.5 to 1689.13, inclusive, of the Civil Code if the contract or offer arises out of a scheduled presentation to promote the sale, lease, or rental of a water treatment device to a person invited to attend the presentation at a location other than a private residence.(b) A water treatment device or any other materials that are the subject of a contract offer described in subdivision (a) may be delivered and installed during the rescission period provided in Sections 1689.5 to 1689.13, inclusive, of the Civil Code. Notwithstanding any other law, if a buyer exercises his or her right to rescind the contract in accordance with those rescission provisions, the seller shall be responsible for all costs in removing the installed water treatment device or any other materials and shall remove that device or any other materials within 20 days of the rescission. If the sellers services result in the alteration of property of the buyer, the seller shall restore the property to substantially as good condition as it was at the time the services were rendered.(c) A water treatment device or any other materials that are the subject of a contract offer described in subdivision (a) shall be delivered and installed in accordance with Section 7163 and the federal Truth in Lending Act (15 U.S.C. Sec. 1601 et seq.), as applicable. |
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| 47 | 59 | | |
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| 48 | 60 | | 17577.3. (a) A contract or offer which is subject to approval, for the sale, lease, or rental of a water treatment device shall be deemed a home solicitation contract or offer, as defined in subdivision (a) of Section 1689.5 of the Civil Code regardless of where the contract or offer was made, and shall be subject to the provisions of Sections 1689.5 to 1689.13, inclusive, of the Civil Code if the contract or offer arises out of a scheduled presentation to promote the sale, lease, or rental of a water treatment device to a person invited to attend the presentation at a location other than a private residence.(b) A water treatment device or any other materials that are the subject of a contract offer described in subdivision (a) may be delivered and installed during the rescission period provided in Sections 1689.5 to 1689.13, inclusive, of the Civil Code. Notwithstanding any other law, if a buyer exercises his or her right to rescind the contract in accordance with those rescission provisions, the seller shall be responsible for all costs in removing the installed water treatment device or any other materials and shall remove that device or any other materials within 20 days of the rescission. If the sellers services result in the alteration of property of the buyer, the seller shall restore the property to substantially as good condition as it was at the time the services were rendered.(c) A water treatment device or any other materials that are the subject of a contract offer described in subdivision (a) shall be delivered and installed in accordance with Section 7163 and the federal Truth in Lending Act (15 U.S.C. Sec. 1601 et seq.), as applicable. |
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| 49 | 61 | | |
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| 50 | 62 | | 17577.3. (a) A contract or offer which is subject to approval, for the sale, lease, or rental of a water treatment device shall be deemed a home solicitation contract or offer, as defined in subdivision (a) of Section 1689.5 of the Civil Code regardless of where the contract or offer was made, and shall be subject to the provisions of Sections 1689.5 to 1689.13, inclusive, of the Civil Code if the contract or offer arises out of a scheduled presentation to promote the sale, lease, or rental of a water treatment device to a person invited to attend the presentation at a location other than a private residence.(b) A water treatment device or any other materials that are the subject of a contract offer described in subdivision (a) may be delivered and installed during the rescission period provided in Sections 1689.5 to 1689.13, inclusive, of the Civil Code. Notwithstanding any other law, if a buyer exercises his or her right to rescind the contract in accordance with those rescission provisions, the seller shall be responsible for all costs in removing the installed water treatment device or any other materials and shall remove that device or any other materials within 20 days of the rescission. If the sellers services result in the alteration of property of the buyer, the seller shall restore the property to substantially as good condition as it was at the time the services were rendered.(c) A water treatment device or any other materials that are the subject of a contract offer described in subdivision (a) shall be delivered and installed in accordance with Section 7163 and the federal Truth in Lending Act (15 U.S.C. Sec. 1601 et seq.), as applicable. |
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| 51 | 63 | | |
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| 52 | 64 | | |
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| 53 | 65 | | |
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| 54 | 66 | | 17577.3. (a) A contract or offer which is subject to approval, for the sale, lease, or rental of a water treatment device shall be deemed a home solicitation contract or offer, as defined in subdivision (a) of Section 1689.5 of the Civil Code regardless of where the contract or offer was made, and shall be subject to the provisions of Sections 1689.5 to 1689.13, inclusive, of the Civil Code if the contract or offer arises out of a scheduled presentation to promote the sale, lease, or rental of a water treatment device to a person invited to attend the presentation at a location other than a private residence. |
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| 55 | 67 | | |
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| 56 | 68 | | (b) A water treatment device or any other materials that are the subject of a contract offer described in subdivision (a) may be delivered and installed during the rescission period provided in Sections 1689.5 to 1689.13, inclusive, of the Civil Code. Notwithstanding any other law, if a buyer exercises his or her right to rescind the contract in accordance with those rescission provisions, the seller shall be responsible for all costs in removing the installed water treatment device or any other materials and shall remove that device or any other materials within 20 days of the rescission. If the sellers services result in the alteration of property of the buyer, the seller shall restore the property to substantially as good condition as it was at the time the services were rendered. |
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| 57 | 69 | | |
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| 58 | 70 | | (c) A water treatment device or any other materials that are the subject of a contract offer described in subdivision (a) shall be delivered and installed in accordance with Section 7163 and the federal Truth in Lending Act (15 U.S.C. Sec. 1601 et seq.), as applicable. |
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| 59 | 71 | | |
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| 60 | 72 | | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. |
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| 61 | 73 | | |
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| 62 | 74 | | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. |
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| 63 | 75 | | |
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| 64 | 76 | | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. |
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| 65 | 77 | | |
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| 66 | 78 | | ### SEC. 2. |
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