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Civil Code - CIV - CIV § 1695.11
Civil Code - CIV - CIV § 1695.11
If any provision of this chapter, or if any application thereof to any person or circumstance is held unconstitutional, the remainder of this chapter and the application of its provisions to other persons and circumstances shall not be affected thereby.
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Civil Code - CIV - CIV § 1695.12
Civil Code - CIV - CIV § 1695.12
In any transaction in which an equity seller purports to grant a residence in foreclosure to an equity purchaser by any instrument which appears to be an absolute conveyance and reserves to himself or herself or is given by the equity purchaser an option to repurchase, such trans
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Civil Code - CIV - CIV § 1695.13
Civil Code - CIV - CIV § 1695.13
It is unlawful for any person to initiate, enter into, negotiate, or consummate any transaction involving residential real property in foreclosure, as defined in Section 1695.1, if such person, by the terms of such transaction, takes unconscionable advantage of the property owner
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Civil Code - CIV - CIV § 1695.14
Civil Code - CIV - CIV § 1695.14
(a) In any transaction involving residential real property in foreclosure, as defined in Section 1695.1, which is in violation of Section 1695.13 is voidable and the transaction may be rescinded by the property owner within two years of the date of the recordation of the conveyan
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Civil Code - CIV - CIV § 1695.15
Civil Code - CIV - CIV § 1695.15
(a) An equity purchaser is liable for all damages resulting from any statement made or act committed by the equity purchaser’s representative in any manner connected with the equity purchaser’s acquisition of a residence in foreclosure, receipt of any consideration or property fr
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Civil Code - CIV - CIV § 1695.16
Civil Code - CIV - CIV § 1695.16
(a) Any provision of a contract which attempts or purports to limit the liability of the equity purchaser under Section 1695.15 shall be void and shall at the option of the equity seller render the equity purchase contract void. The equity purchaser shall be liable to the equity
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Civil Code - CIV - CIV § 1695.17
Civil Code - CIV - CIV § 1695.17
(a) Any representative, as defined in subdivision (b) of Section 1695.15, deemed to be the agent or employee, or both the agent and the employee of the equity purchaser shall be required to provide both of the following: (1) Written proof to the equity seller that the representat
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Civil Code - CIV - CIV § 1695.2
Civil Code - CIV - CIV § 1695.2
Every contract shall be written in letters of a size equal to 10-point bold type, in the same language principally used by the equity purchaser and equity seller to negotiate the sale of the residence in foreclosure and shall be fully completed and signed and dated by the equity
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Civil Code - CIV - CIV § 1695.3
Civil Code - CIV - CIV § 1695.3
Every contract shall contain the entire agreement of the parties and shall include the following terms: (a) The name, business address, and the telephone number of the equity purchaser. (b) The address of the residence in foreclosure. (c) The total consideration to be given by th
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Civil Code - CIV - CIV § 1695.4
Civil Code - CIV - CIV § 1695.4
(a) In addition to any other right of rescission, the equity seller has the right to cancel any contract with an equity purchaser until midnight of the fifth business day following the day on which the equity seller signs a contract that complies with this chapter or until 8 a.m.
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Civil Code - CIV - CIV § 1695.5
Civil Code - CIV - CIV § 1695.5
(a) The contract shall contain in immediate proximity to the space reserved for the equity seller’s signature a conspicuous statement in a size equal to at least 12-point bold type, if the contract is printed or in capital letters if the contract is typed, as follows: “You may ca
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Civil Code - CIV - CIV § 1695.6
Civil Code - CIV - CIV § 1695.6
(a) The contract as required by Sections 1695.2, 1695.3, and 1695.5, shall be provided and completed in conformity with those sections by the equity purchaser. (b) Until the time within which the equity seller may cancel the transaction has fully elapsed, the equity purchaser sha
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Civil Code - CIV - CIV § 1695.7
Civil Code - CIV - CIV § 1695.7
An equity seller may bring an action for the recovery of damages or other equitable relief against an equity purchaser for a violation of any subdivision of Section 1695.6 or Section 1695.13. The equity seller shall recover actual damages plus reasonable attorneys’ fees and costs
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Civil Code - CIV - CIV § 1695.8
Civil Code - CIV - CIV § 1695.8
Any equity purchaser who violates any subdivision of Section 1695.6 or who engages in any practice which would operate as a fraud or deceit upon an equity seller shall, upon conviction, be punished by a fine of not more than twenty-five thousand dollars ($25,000), by imprisonment
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Civil Code - CIV - CIV § 1695.9
Civil Code - CIV - CIV § 1695.9
The provisions of this chapter are not exclusive and are in addition to any other requirements, rights, remedies, and penalties provided by law.
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Civil Code - CIV - CIV § 1697
Civil Code - CIV - CIV § 1697
A contract not in writing may be modified in any respect by consent of the parties, in writing, without a new consideration, and is extinguished thereby to the extent of the modification.
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Civil Code - CIV - CIV § 1698
Civil Code - CIV - CIV § 1698
(a) A contract in writing may be modified by a contract in writing. (b) A contract in writing may be modified by an oral agreement to the extent that the oral agreement is executed by the parties. (c) Unless the contract otherwise expressly provides, a contract in writing may be
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Civil Code - CIV - CIV § 1699
Civil Code - CIV - CIV § 1699
The destruction or cancellation of a written contract, or of the signature of the parties liable thereon, with intent to extinguish the obligation thereof, extinguishes it as to all the parties consenting to the act.
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Civil Code - CIV - CIV § 17
Civil Code - CIV - CIV § 17
Wherever any notice or other communication is required by this code to be mailed by registered mail, the mailing of such notice or other communication by certified mail shall be deemed to be a sufficient compliance with the requirements of law.
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Civil Code - CIV - CIV § 1700
Civil Code - CIV - CIV § 1700
The intentional destruction, cancellation, or material alteration of a written contract, by a party entitled to any benefit under it, or with his consent, extinguishes all the executory obligations of the contract in his favor, against parties who do not consent to the act.
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Civil Code - CIV - CIV § 1701
Civil Code - CIV - CIV § 1701
Where a contract is executed in duplicate, an alteration or destruction of one copy, while the other exists, is not within the provisions of the last section.
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Civil Code - CIV - CIV § 1708
Civil Code - CIV - CIV § 1708
Every person is bound, without contract, to abstain from injuring the person or property of another, or infringing upon any of his or her rights.
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Civil Code - CIV - CIV § 1708.5
Civil Code - CIV - CIV § 1708.5
(a) A person commits a sexual battery who does any of the following: (1) Acts with the intent to cause a harmful or offensive contact with an intimate part of another, and a sexually offensive contact with that person directly or indirectly results. (2) Acts with the intent to ca
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Civil Code - CIV - CIV § 1708.5.5
Civil Code - CIV - CIV § 1708.5.5
(a) Notwithstanding Section 3515, consent shall not be a defense in any civil action under Section 1708.5 if the person who commits the sexual battery is an adult who is in a position of authority over the minor. (b) For purposes of this section, an adult is in a “position of aut
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Civil Code - CIV - CIV § 1708.5.6
Civil Code - CIV - CIV § 1708.5.6
(a) A private cause of action for damages lies against a person who misuses sperm, ova, or embryos in violation of Section 367g of the Penal Code. (b) A prevailing plaintiff who suffers harm as a result of a violation of Section 367g of the Penal Code may be awarded actual damage