Corpus browser

Civil Code - CIV - CIV § 1812.203

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1812.203

(a) The seller of any seller assisted marketing plan shall pay an annual fee in the amount of one hundred dollars ($100) and annually file with the Attorney General a copy of the disclosure statements required under Sections 1812.205 and 1812.206, as well as a list of the names a

Civil Code - CIV - CIV § 1812.204

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1812.204

In selling, leasing, or offering to sell or lease a seller assisted marketing plan in this state, sellers shall not: (a) Use the phrase “buy-back” or “secured investment” or similar phrase orally or in writing when soliciting, offering, leasing, or selling a seller assisted marke

Civil Code - CIV - CIV § 1812.205

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1812.205

At the first in-person communication with a potential purchaser or in the first written response to an inquiry by a potential purchaser, whichever occurs first, wherein the seller assisted marketing plan is described, the seller or his or her representative shall provide the pros

Civil Code - CIV - CIV § 1812.206

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1812.206

At least 48 hours prior to the execution of a seller assisted marketing plan contract or agreement or at least 48 hours prior to the receipt of any consideration, whichever occurs first, the seller or his or her representative shall provide to the prospective purchaser in writing

Civil Code - CIV - CIV § 1812.207

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1812.207

Every contract for sale or lease of a seller assisted marketing plan in this state shall be in writing and shall be subject to the provisions of this title. A copy of the fully completed contract and all other documents the seller requires the purchaser to sign shall be given to

Civil Code - CIV - CIV § 1812.208

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1812.208

The purchaser shall have the right to cancel a seller assisted marketing plan contract for any reason at any time within three business days of the date the purchaser and the seller sign the contract. The notice of the right to cancel and the procedures to be followed when a cont

Civil Code - CIV - CIV § 1812.209

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1812.209

Every seller assisted marketing plan contract shall set forth in at least 10-point type or equivalent size if handwritten, all of the following: (a) The terms and conditions of payment including the initial payment, additional payments, and downpayment required. If the contract p

Civil Code - CIV - CIV § 1812.210

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1812.210

(a) No seller assisted marketing plan contract shall require or entail the execution of any note or series of notes by the purchaser which, when separately negotiated, will cut off as to third parties any right of action or defense which the purchaser may have against the seller.

Civil Code - CIV - CIV § 1812.211

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1812.211

Any assignee of the seller assisted marketing plan contract or the seller’s rights is subject to all equities, rights and defenses of the purchaser against the seller.

Civil Code - CIV - CIV § 1812.212

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1812.212

No seller shall make or authorize the making of any reference to its compliance with this title.

Civil Code - CIV - CIV § 1812.213

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1812.213

Every seller shall at all times keep and maintain a complete set of books, records and accounts of seller assisted marketing plan sales made by the seller. All documents relating to each specific seller assisted marketing plan sold or leased shall be maintained for four years aft

Civil Code - CIV - CIV § 1812.214

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1812.214

(a) Every seller of seller-assisted marketing plans other than a California corporation shall file with the Attorney General an irrevocable consent appointing the Secretary of State or successor in office to act as the seller’s attorney to receive service or any lawful process in

Civil Code - CIV - CIV § 1812.215

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1812.215

(a) If a seller uses any untrue or misleading statements to sell or lease a seller assisted marketing plan, or fails to comply with Section 1812.203, or fails to give the disclosure documents or disclose any of the information required by Sections 1812.205 and 1812.206, or the co

Civil Code - CIV - CIV § 1812.216

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1812.216

(a) Any waiver by a purchaser of the provisions of this title shall be deemed contrary to public policy and shall be void and unenforceable. Any attempt by a seller to have a purchaser waive rights given by this title shall be a violation of this title. (b) In any proceeding invo

Civil Code - CIV - CIV § 1812.217

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1812.217

Any person, including, but not limited to, the seller, a salesman, agent or representative of the seller or an independent contractor who attempts to sell or lease or sells or leases a seller assisted marketing plan, who willfully violates any provision of this title or employs,

Civil Code - CIV - CIV § 1812.218

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1812.218

Any purchaser injured by a violation of this title or by the seller’s breach of a contract subject to this title or of any obligation arising from the sale or lease of the seller assisted marketing plan may bring any action for recovery of damages. Judgment shall be entered for a

Civil Code - CIV - CIV § 1812.219

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1812.219

The provisions of this title are not exclusive. The remedies provided herein for violation of any section of this title or for conduct proscribed by any section of this title shall be in addition to any other procedures or remedies for any violation or conduct provided for in any

Civil Code - CIV - CIV § 1812.220

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1812.220

If any provision of this act or if any application thereof to any person or circumstance is held unconstitutional, the remainder of the title and the application of such provision to other persons and circumstances shall not be affected thereby.

Civil Code - CIV - CIV § 1812.221

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1812.221

(a) When a deposit has been made in lieu of bond pursuant to paragraph (1) of subdivision (b) of Section 1812.214 and Section 995.710 of the Code of Civil Procedure, the person asserting a claim against the deposit shall, in lieu of the provisions of Section 996.430 of the Code o

Civil Code - CIV - CIV § 1812.3

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1812.3

The notice provided for in Section 1812.2 shall be given to the buyer and any other person liable by causing it to be delivered personally or to be deposited in the United States mail addressed to the buyer or to such other person at his last known address and shall advise the bu

Civil Code - CIV - CIV § 1812.30

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1812.30

(a) No person, regardless of marital status, shall be denied credit in his or her own name if the earnings and other property over which he or she has management and control are such that a person of the opposite sex managing and controlling the same amount of earnings and other

Civil Code - CIV - CIV § 1812.300

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1812.300

For the purposes of this title: (a) “Membership camping operator” means any enterprise, other than one that is tax exempt under Section 501(c)(3) of the Internal Revenue Code of 1954, as amended, that has as one of its purposes the ownership or operation of campgrounds which incl

Civil Code - CIV - CIV § 1812.301

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1812.301

The membership camping contracts and persons covered by this title shall be subject to Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 and Article 1 (commencing with Section 17500) of Chapter 1 of Part 3 of Division 7 of the Business and Professions Code and the

Civil Code - CIV - CIV § 1812.302

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1812.302

A membership camping operator shall provide to a purchaser the following written disclosures in any format which clearly communicates the following reasonably current information before the purchaser signs a membership camping contract, or gives any money or thing of value for th

Civil Code - CIV - CIV § 1812.303

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1812.303

(a) A membership camping contract shall be written in the same language as that principally used in any oral sales presentation (e.g., Spanish). A membership camping contract shall be dated, signed by the purchaser, and contain, in immediate proximity to the space reserved for th