Business and Professions Code - BPC - BPC § 7159.10

Summary

(a) (1) “Service and repair contract” means an agreement between a contractor or salesperson for a contractor, whether a general contractor or a specialty contractor, who is licensed or subject to be licensed pursuant to this chapter with regard to the transaction, and a homeowne

Text

(a)
(1)
“Service and repair contract” means an agreement between a contractor or salesperson for a contractor, whether a general contractor or a specialty contractor, who is licensed or subject to be licensed pursuant to this chapter with regard to the transaction, and a homeowner or a tenant, for the performance of a home improvement as defined in Section 7151, that conforms to the following requirements:
(A)
The contract amount is seven hundred fifty dollars ($750) or less.
(B)
The prospective buyer initiated contact with the contractor to request the work.
(C)
The contractor does not sell the buyer goods or
services beyond those reasonably necessary to take care of the particular problem that caused the buyer to contact the contractor.
(D)
No payment is due, or accepted by the contractor, until the work is completed.
(2)
As used in this subdivision, “the work is completed” means that all of the conditions that caused the buyer to contact the contractor for service and repairs have been fully corrected and, if applicable, the building department has accepted and approved the corrective work.
(b)
For any contract written pursuant to subdivision (a) or otherwise presented to the buyer as a service and repair contract, unless all of the conforming requirements for service and repair contracts specified in subdivision (a) are met, the contract requirements for home improvements set forth in subdivisions (c), (d), and (e) of
Section 7159 shall be applicable, including any rights to rescind the contract as set forth in Section 1689.6 or 1689.7 of the Civil Code, regardless of the aggregate contract price.
(c)
If all of the requirements of subdivision (a) are met, only those notices and other requirements set forth in this section are applicable to the contract.
(d)
Every service and repair contract described in subdivision (a) shall include, or otherwise comply with, all of the following:
(1)
The contract, any changes to the contract, and any attachments shall be in writing and signed or acknowledged by the parties as set forth in this section, and shall be written in the same language (for example Spanish) as principally used in the oral sales presentation.
(2)
The writing
shall be legible.
(3)
Any printed form shall be readable. Unless a larger typeface is specified in this article, the text shall be in at least 10-point typeface and the headings shall be in at least 10-point boldface type.
(4)
Before any work is started, the contractor shall give the buyer a copy of the contract signed and dated by the buyer and by the contractor or the contractor’s representative.
(5)
The name, business address, and license number of the contractor.
(6)
The date the contract was signed.
(7)
A notice concerning commercial general liability insurance. This notice may be provided as an attachment to the contract if the contract includes the statement, “A notice concerning
commercial general liability insurance is attached to this contract.” The notice shall include the heading “Commercial General Liability Insurance (CGL)” followed by whichever of the following statements is both relevant and correct:
(A)
“(The name on the license or ‘This contractor’) does not carry commercial general liability insurance.”
(B)
“(The name on the license or ‘This contractor’) carries commercial general liability insurance written by (the insurance company). You may call the (insurance company) at ____ to check the contractor’s insurance coverage.”
(C)
“(The name on the license or ‘This contractor’) is self-insured.”
(D)
“(The name on the license or ‘This contractor’) is a limited liability company that carries liability insurance or
maintains other security as required by law. You may call (the insurance company or trust company or bank) at ____ to check on the contractor’s insurance coverage or security.”
(8)
A notice concerning workers’ compensation insurance. This notice may be provided as an attachment to the contract if the contract includes the statement “A notice concerning workers’ compensation insurance is attached to this contract.” The notice shall include the heading “Workers’ Compensation Insurance” followed by whichever of the following statements is both relevant and correct:
(A)
“(The name on the license or ‘This contractor’) has no employees and is exempt from workers’ compensation requirements.”
(B)
“(The name on the license or ‘This contractor’) carries workers’ compensation insurance for all employees.”
(e)
Every service and repair contract described in subdivision (a) shall provide the following information, notices, and disclosures in the contract:
(1)
Notice of the type of contract in at least 10-point boldface type: “Service and Repair.”
(2)
A notice in at least 12-point boldface type, signed and dated by the buyer: “Notice to the Buyer: The law requires that service and repair contracts must meet all of the following requirements:
(A)
The price must be no more than seven hundred and fifty dollars ($750).
(B)
You, the buyer, must have initiated contact with the contractor to request the work.
(C)
The contractor must not
sell you goods or services beyond those reasonably necessary to take care of the particular problem that caused you to contact the contractor.
(D)
No payment is due and the contractor may not accept any payment until the work is completed.”
(3)
The notice in at least 12-point boldface type: “Notice to the Buyer: You are entitled to a completely filled in and signed copy of this agreement before any work may be started.”
(4)
If applicable, the heading “List of Documents to be Incorporated into the Contract,” followed by the list of documents to be incorporated into the contract.
(5)
Where the contract is a fixed contract amount, the heading: “Contract Price” followed by the amount of the contract in dollars and cents.
(6)
If a finance charge will be charged, the heading: “Finance Charge” followed by the amount in dollars and cents. The finance charge is to be set out separately from the contract amount.
(7)
Where the contract is estimated by a time and materials formula, the heading “Estimated Contract Price” followed by the estimated contract amount in dollars and cents. The contract must disclose the set rate and the estimated cost of materials. The contract must also disclose how time will be computed, for example, in increments of quarter hours, half hours, or hours, and the statement: “The actual contract amount of a time and materials contract may not exceed the estimated contract amount without written authorization from the buyer.”
(8)
The heading: “Description of the Project and Materials to be Used and Equipment to be
Installed” followed by a description of the project and materials to be used and equipment to be installed.
(9)
The statement: “The law requires that the contractor offer you any parts that were replaced during the service call. If you do not want the parts, initial the checkbox labeled ‘OK for contractor to take replaced parts.’ ”
(10)
A checkbox labeled “OK for contractor to take replaced parts.”
(11)
If a service charge is charged, the heading “Amount of Service Charge” followed by the service charge, and the statement “You may be charged only one service charge, including any trip charge or inspection fee.”
(12)
(A)
(i)
The contract, or an attachment to the contract as specified under subparagraph (C) of
this paragraph, must include, in immediate proximity to the space reserved for the buyer’s signature, the following statement, in at least 12-point boldface type, which shall be dated and signed by the buyer:
“YOUR RIGHTS TO CANCEL BEFORE WORK BEGINS
(A)
You, the buyer, have the right to cancel this contract until:
1.
You receive a copy of this contract signed and dated by you and the contractor; and
2.
The contractor starts work.
(B)
However, even if the work has begun you, the buyer, may still cancel the contract for any of the reasons specified in items 1 through 4 of this paragraph. If any of these reasons occur, you may cancel the contract within three business days of signing the contract for normal
service and repairs, or within seven business days of signing a contract to repair or correct conditions resulting from any sudden or catastrophic event for which a state of emergency has been declared by the President of the United States or the Governor, or for which a local emergency has been declared by the executive officer or governing body of any city, county, or city and county:
1.
You may cancel the contract if the price, including all labor and materials, is more than seven hundred fifty dollars ($750).
2.
You may cancel the contract if you did not initiate the contact with the contractor to request the work.
3.
You may cancel the contract if the contractor sold you goods or services beyond those reasonably necessary to take care of the particular problem that caused you to contact the contractor.
4.
You may cancel the contract if the payment was due or the contractor accepted any money before the work was complete.
(C)
If any of these reasons for canceling occurred, you may cancel the contract as specified under paragraph (B) above by e-mailing, mailing, faxing, or delivering a written notice to the contractor at the contractor’s place of business within three business days or, if applicable, seven business days of the date you received a signed and dated copy of this contract. Include your name, your address, and the date you received a 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, 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 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.”
(ii)
References to “three” in the statement set forth in clause (i) shall be changed to “five” for a buyer who is a senior citizen.
(iii)
The five-day right to cancel added by the act that added clause (ii) to this subparagraph shall apply to contracts entered into on or after January 1, 2021.
(B)
This paragraph does not apply to home improvement contracts entered into by a person who holds an alarm company operator’s license issued pursuant to Chapter 11.6 (commencing with Section 7590), provided the person complies with Sections 1689.5, 1689.6, and 1689.7 of the Civil Code, as applicable.
(C)
The notice required in this paragraph may be incorporated as an attachment to the contract if the contract includes a checkbox and whichever statement is relevant in at least 12-point boldface type:
(i)
“The law requires that the contractor give you a notice explaining your right to cancel. Initial the checkbox if the contractor has given you a ‘Notice of Your Right to Cancel.’ ”
(ii)
“The law requires that the contractor give you a notice explaining your
right to cancel contracts for the repair or restoration of residential premises damaged by a disaster. Initial the checkbox if the contractor has given you a ‘Notice of Your Right to Cancel.’
”
(f)
A bona fide service repairperson employed by a licensed contractor or subcontractor hired by a licensed contractor may enter into a service and repair contract on behalf of that contractor.
(g)
The provisions of this section are not exclusive and do not relieve the contractor from compliance with any other applicable provision of law.

Retrieval chunks

• #1 | Business and Professions Code - BPC - BPC § 7159.10

  (a) (1) “Service and repair contract” means an agreement between a contractor or salesperson for a contractor, whether a general contractor or a specialty contractor, who is licensed or subject to be licensed pursuant to this chapter with regard to the transaction, and a homeowner or a tenant, for the performance of…

• #2

  Before any work is started, the contractor shall give the buyer a copy of the contract signed and dated by the buyer and by the contractor or the contractor’s representative. (5) The name, business address, and license number of the contractor. (6) The date the contract was signed. (7) A notice concerning commer…

• #3

  A notice in at least 12-point boldface type, signed and dated by the buyer: “Notice to the Buyer: The law requires that service and repair contracts must meet all of the following requirements: (A) The price must be no more than seven hundred and fifty dollars ($750). (B) You, the buyer, must have initiated contac…

• #4

  If a service charge is charged, the heading “Amount of Service Charge” followed by the service charge, and the statement “You may be charged only one service charge, including any trip charge or inspection fee.” (12) (A) (i) The contract, or an attachment to the contract as specified under subparagraph (C) of thi…

• #5

  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, you may, if …