Cal Civ Code § 1689.7
§ 1689.7. Form of home solicitation contract or offer; Notice of cancellation
(a)
(1)
In a home solicitation contract or offer the buyer's agreement or offer to purchase shall be written
in the same language, e.g., Spanish, as principally used in the oral sales presentation, shall be dated,
signed by the buyer, and except as provided in paragraph (2), shall contain in immediate proximity to the
space reserved for his or her signature a conspicuous statement in a size equal to at least 10-point bold
type, as follows: "You, the buyer, may cancel this transaction at any time prior to midnight of the third
business day after the date of this transaction. See the attached notice of cancellation form for an
explanation of this right."
(2)
The statement required pursuant to this subdivision for a home solicitation contract or offer for the
purchase of a personal emergency response unit, as defined in Section 1689.6, which is not installed with and
as part of a home security alarm system subject to the Alarm Company Act (Chapter 11.6 (commencing with
Section 7590) of Division 3 of the Business and Professions Code) which has two or more stationary protective
devices used to enunciate an intrusion or fire and is installed by an alarm company operator operating under a
current license issued pursuant to the Alarm Company Act, is as follows: "You, the buyer, may cancel this
transaction at any time prior to midnight of the seventh business day after the date of this transaction. See
the attached notice of cancellation form for an explanation of this right."
(3)
The statement required pursuant to this subdivision for the repair or restoration of residential
premises damaged by a disaster pursuant to subdivision (c) of Section 1689.6 is as follows: "You, the buyer,
may cancel this transaction at any time prior to midnight of the seventh business day after the date of this
transaction. See the attached notice of cancellation form for an explanation of this right."
(b)
The agreement or offer to purchase shall contain on the first page, in a type size no smaller than that
generally used in the body of the document, the following: (1) the name and address of the seller to which the
notice is to be mailed, and (2) the date the buyer signed the agreement or offer to purchase.
(c)
Except as provided in subdivision (d), the agreement or offer to purchase shall be accompanied by a
completed form in duplicate, captioned "Notice of Cancellation" which shall be attached to the agreement or
offer to purchase and be easily detachable, and which shall contain in type of at least 10-point the following
statement written in the same language, e.g., Spanish, as used in the contract:
You may cancel this transaction, without any penalty or obligation, within three business days from the
above date.
If you cancel, any property traded in, any payments made by you under the contract or sale, and any
negotiable instrument executed by you will be returned within 10 days following receipt by the seller of your
cancellation notice, and any security interest arising out of the transaction will be canceled.
If you cancel, you must make available to the seller at your residence, in substantially as good condition
as when received, any goods delivered to you under this contract or sale, or you may, if you wish, comply with
the instructions of the seller regarding the return shipment of the goods at the seller's expense and risk.
If you do make the goods available to the seller and the seller does not pick them up within 20 days of the
date of your notice of cancellation, you may retain or dispose of the goods without any further obligation. If
you fail to make the goods available to the seller, or if you agree to return the goods to the seller and fail
to do so, then you remain liable for performance of all obligations under the contract.
To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice, or any
other written notice, or send a telegram
(d)
Any agreement or offer to purchase a personal emergency response unit, as defined in Section 1689.6,
which is not installed with and as part of a home security alarm system subject to the Alarm Company Act which
has two or more stationary protective devices used to enunciate an intrusion or fire and is installed by an
alarm company operator operating under a current license issued pursuant to the Alarm Company Act, shall be
subject to the requirements of subdivision (c), and shall be accompanied by the "Notice of Cancellation"
required by subdivision (c), except that the first paragraph of that notice shall be deleted and replaced with
the following paragraph:
You may cancel this transaction, without any penalty or obligation, within seven business days from the
above date.
(e)
Any agreement or offer to purchase services for the repair or restoration of residential premises
damaged by a disaster that is subject to subdivision (c) of Section 1689.6, shall be subject to the
requirements of subdivision (c) of this section, and shall be accompanied by the "Notice of Cancellation"
required by subdivision (c) of this section, except that the first paragraph of that notice shall be deleted
and replaced with the following paragraph:
You may cancel this transaction, without any penalty or obligation, within seven business days from the
above date.
(f)
The seller shall provide the buyer with a copy of the contract or offer to purchase and the attached
notice of cancellation, and shall inform the buyer orally of his or her right to cancel and the requirement
that cancellation be in writing, at the time the home solicitation contract or offer is executed.
(g)
Until the seller has complied with this section the buyer may cancel the home solicitation contract or
offer.
(h)
"Contract or sale" as used in subdivision (c) means "home solicitation contract or offer" as defined by
Section 1689.5.
