Senior citizens: rescission of contracts.
Summary
Existing law provides that a contract is extinguished by its rescission and sets forth methods for the rescission of a contract. Existing law authorizes a buyer to cancel certain home solicitation contracts or offers until midnight of the 3rd business day after the day on which the buyer signs an agreement or offer to purchase which complies with specified requirements. Existing law authorizes a buyer to cancel a home solicitation contract written for certain home improvement work until midnight of the 3rd business day after the buyer receives a signed and dated copy of the contract or offer to purchase that complies with specified requirements. Existing law requires contracts for a home solicitation contract or offer to include a notice of cancellation form with specified statement's as to the buyer's right to cancel. Existing law permits a buyer to provide a seller an express waiver to this right to cancel, if the contract meets other specified requirements. Existing law also provides a buyer a similar right to cancel a seminar sales solicitation contract or offer and imposes similar requirements to provide a notice of cancellation to the buyer. Existing law requires specific provisions and requirements for home improvement contracts, as defined, that are not governed by the provisions described above, and service and repair contracts. Existing law requires these contracts to include a notice regarding the buyer's 3-day right to cancel. Existing law authorizes the legislative body of a public agency, as defined, to determine that it would be convenient, advantageous, and in the public interest to designate an area within which authorized public agency officials and property owners may enter into voluntary contractual assessments to finance certain improvements. Existing law prohibits a public agency from permitting a property owner meeting certain criteria to participate in any program established pursuant to these provisions for specified purposes unless the property owner is given the right to cancel the contractual assessment without penalty or obligation before midnight on the 3rd business day after a specified date. Existing law also requires a financing estimate and disclosure document to be provided to the property owner prior to entering into the voluntary contractual assessment. Existing law requires the document to include, among other things, a description of the property owner's right to cancel. This bill would extend the period of time to cancel the contracts or offers described above from 3 to 5 business days if the buyer or property owner is a senior citizen, as defined, for contracts entered into, or offers to purchase conveyed, on or after January 1, 2021. The bill would also make conforming changes. This bill would incorporate additional changes to Section 5898.17 of the Streets and Highways Code proposed by AB 1551 to be operative only if this bill and AB 1551 are enacted and this bill is enacted last.
Bill status
signed
all 5 stages cleared
Introduction
Feb 2020
Committee Review
Jul 2020
Assembly Passage
Jun 2020
Senate Passage
Aug 2020
Signed into Law
Sep 2020
Introduced Feb 19, 2020
Signed Sep 25, 2020
Floor votes · Senate Aug 30, 2020 · Assembly Jun 10, 2020
How they voted
35–0
Passed
Total votes 35
Aug 30, 2020
D
Democratic26
100% Yea
R
Republican9
100% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
25
Key actions
9
Committee
8
Amendments
3
Sep 25, 2020
Signed into law
Approved by the Governor.
legislature
Aug 31, 2020
Lower · Passed
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 76. Noes 0. Page 5427.).
lower
Aug 30, 2020
Introduced
In Assembly. Concurrence in Senate amendments pending.
lower
Aug 30, 2020
Upper · Passed
Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0.).
upper
Aug 25, 2020
Upper · Passed
Read third time and amended. Ordered to second reading.
upper
Jul 31, 2020
Upper · Passed
From committee: Do pass. To Consent Calendar. (Ayes 9. Noes 0.) (July 30).
upper
Jul 1, 2020
Committee
Referred to Com. on JUD.
upper
Jun 10, 2020
Lower · Passed
Read third time. Passed. Ordered to the Senate. (Ayes 78. Noes 0. Page 4752.)
lower
May 27, 2020
Lower · Passed
From committee: Do pass. (Ayes 10. Noes 0.) (May 27).
lower
May 22, 2020
Committee
Re-referred to Com. on JUD.
lower
May 7, 2020
Lower · Passed
In committee: Hearing postponed by committee.
lower
May 5, 2020
Committee
Re-referred to Com. on JUD.
lower
Mar 12, 2020
Committee
Referred to Com. on JUD.
lower
Feb 20, 2020
Lower · Passed
From printer. May be heard in committee March 21.
lower
1 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
BM
Brian Maienschein
DDemocratic
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