The information
set forth below is general information, and although believed to be accurate
it is not considered legal nor binding. If you need legal information, you
must check with your attorney.
DO YOUR AGREEMENTS COMPLY WITH CALIFORNIA LAW?
Do you know that a home improvement contract is
defined by California Business and Professions Code to include landscaping? Home
improvement contracts in the State of California not only have to comply with the lengthy
and specific notice provided in Business and Professions Code §7030, (the so-called
"Notice to Owner" provisions) but must also comply with the Home
Improvement Act which requires a written contract containing specific provisions as set
forth Do you know that a home improvement contract is defined by California Business and
Professions Code to included Business and Professions Code §7159. The failure to comply
with these sections is a misdemeanor
In addition to the above requirements, there are provisions pertaining
to "Home Solicitation Contracts" found in Civil Code §1689.5 et seq which
require additional formalities and a right of rescission for the contracts falling within
the "home solicitation" realm. Generally, this means that the contract was
negotiated at the homeowners home.
In California, it is crucial that your agreements
comply with the various sections as provided in the Business and Professions Code and the
California Civil Code. Failure to comply may give rise to an action against a
contractors license, subject him to criminal penalties, and render questionable the
validity of the agreement, and therefore the right to collect for failure to pay on the
agreement.