reglab/housing_qa huggingface dataset:
CA Civ Code § 1695.6 (2021)
2021 California Code|Civil Code - CIV|DIVISION 3 - OBLIGATIONS|PART 2 - CONTRACTS|TITLE 5 - EXTINCTION OF CONTRACTS|CHAPTER 2.5 - Home Equity Sales Contracts|Section 1695.6.

1695.6.  (a) The contract as required by Sections 1695.2, 1695.3, and 1695.5, shall be provided and completed in conformity with those sections by the equity purchaser.(b) Until the time within which the equity seller may cancel the transaction has fully elapsed, the equity purchaser shall not do any of the following:(1) Accept from any equity seller an execution of, or induce any equity seller to execute, any instrument of conveyance of any interest in the residence in foreclosure.(2) Record with the county recorder any document, including, but not limited to, any instrument of conveyance, signed by the equity seller.(3) Transfer or encumber or purport to transfer or encumber any interest in the residence in foreclosure to any third party, provided no grant of any interest or encumbrance shall be defeated or affected as against a bona fide purchaser or encumbrancer for value and without notice of a violation of this chapter, and knowledge on the part of any such person or entity that the property was “residential real property in foreclosure” shall not constitute notice of a violation of this chapter. This section shall not be deemed to abrogate any duty of inquiry which exists as to rights or interests of persons in possession of the residential real property in foreclosure.(4) Pay the equity seller any consideration.(c) Within 10 days following receipt of a notice of cancellation given in accordance with Sections 1695.4 and 1695.5, the equity purchaser shall return without condition any original contract and any other documents signed by the equity seller.(d) An equity purchaser shall make no untrue or misleading statements regarding the value of the residence in foreclosure, the amount of proceeds the equity seller will receive after a foreclosure sale, any contract term, the equity seller’s rights or obligations incident to or arising out of the sale transaction, the nature of any document which the equity purchaser induces the equity seller to sign, or any other untrue or misleading statement concerning the sale of the residence in foreclosure to the equity purchaser.(e) Whenever any equity purchaser purports to hold title as a result of any transaction in which the equity seller grants the residence in foreclosure by any instrument which purports to be an absolute conveyance and reserves or is given by the equity purchaser an option to repurchase such residence, the equity purchaser shall not cause any encumbrance or encumbrances to be placed on such property or grant any interest in such property to any other person without the written consent of the equity seller. Nothing in this subdivision shall preclude the application of paragraph (3) of subdivision (b).(Amended by Stats. 1997, Ch. 50, Sec. 3. Effective January 1, 1998.)
CA Civ Code § 1695.7 (2021)
2021 California Code|Civil Code - CIV|DIVISION 3 - OBLIGATIONS|PART 2 - CONTRACTS|TITLE 5 - EXTINCTION OF CONTRACTS|CHAPTER 2.5 - Home Equity Sales Contracts|Section 1695.7.

1695.7.  An equity seller may bring an action for the recovery of damages or other equitable relief against an equity purchaser for a violation of any subdivision of Section 1695.6 or Section 1695.13. The equity seller shall recover actual damages plus reasonable attorneys’ fees and costs. In addition, the court may award exemplary damages or equitable relief, or both, if the court deems such award proper, but in any event shall award exemplary damages in an amount not less than three times the equity seller’s actual damages for any violation of paragraph (3) of subdivision (b) of Section 1695.6 or Section 1695.13; or the court may award a civil penalty of up to two thousand five hundred dollars ($2,500), but it may not award both exemplary damages and a civil penalty. Any action brought pursuant to this section shall be commenced within four years after the date of the alleged violation.(Amended by Stats. 2003, Ch. 74, Sec. 1. Effective January 1, 2004.)
CA Civ Code § 1695.8 (2021)
2021 California Code|Civil Code - CIV|DIVISION 3 - OBLIGATIONS|PART 2 - CONTRACTS|TITLE 5 - EXTINCTION OF CONTRACTS|CHAPTER 2.5 - Home Equity Sales Contracts|Section 1695.8.

1695.8.  Any equity purchaser who violates any subdivision of Section 1695.6 or who engages in any practice which would operate as a fraud or deceit upon an equity seller shall, upon conviction, be punished by a fine of not more than twenty-five thousand dollars ($25,000), by imprisonment in the county jail for not more than one year, or pursuant to subdivision (h) of Section 1170 of the Penal Code, or by both that fine and imprisonment for each violation.(Amended by Stats. 2011, Ch. 15, Sec. 32. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
CA Civ Code § 1695.9 (2021)
2021 California Code|Civil Code - CIV|DIVISION 3 - OBLIGATIONS|PART 2 - CONTRACTS|TITLE 5 - EXTINCTION OF CONTRACTS|CHAPTER 2.5 - Home Equity Sales Contracts|Section 1695.9.

1695.9.  The provisions of this chapter are not exclusive and are in addition to any other requirements, rights, remedies, and penalties provided by law.(Added by Stats. 1979, Ch. 1029.)
CA Civ Code § 1695.10 (2021)
2021 California Code|Civil Code - CIV|DIVISION 3 - OBLIGATIONS|PART 2 - CONTRACTS|TITLE 5 - EXTINCTION OF CONTRACTS|CHAPTER 2.5 - Home Equity Sales Contracts|Section 1695.10.

1695.10.  Any waiver of the provisions of this chapter shall be void and unenforceable as contrary to the public policy.(Added by Stats. 1979, Ch. 1029.)
CA Civ Code § 1695.11 (2021)
2021 California Code|Civil Code - CIV|DIVISION 3 - OBLIGATIONS|PART 2 - CONTRACTS|TITLE 5 - EXTINCTION OF CONTRACTS|CHAPTER 2.5 - Home Equity Sales Contracts|Section 1695.11.

1695.11.  If any provision of this chapter, or if any application thereof to any person or circumstance is held unconstitutional, the remainder of this chapter and the application of its provisions to other persons and circumstances shall not be affected thereby.(Added by Stats. 1979, Ch. 1029.)
CA Civ Code § 1695.12 (2021)
2021 California Code|Civil Code - CIV|DIVISION 3 - OBLIGATIONS|PART 2 - CONTRACTS|TITLE 5 - EXTINCTION OF CONTRACTS|CHAPTER 2.5 - Home Equity Sales Contracts|Section 1695.12.

1695.12.  In any transaction in which an equity seller purports to grant a residence in foreclosure to an equity purchaser by any instrument which appears to be an absolute conveyance and reserves to himself or herself or is given by the equity purchaser an option to repurchase, such transaction shall create a presumption affecting the burden of proof, which may be overcome by clear and convincing evidence to the contrary that the transaction is a loan transaction, and the purported absolute conveyance is a mortgage; however, such presumption shall not apply to a bona fide purchaser or encumbrancer for value without notice of a violation of this chapter, and knowledge on the part of any such person or entity that the property was “residential real property in foreclosure” shall not constitute notice of a violation of this chapter. This section shall not be deemed to abrogate any duty of inquiry which exists as to rights or interests of persons in possession of the residential real property in foreclosure.(Amended by Stats. 1980, Ch. 423, Sec. 9. Effective July 11, 1980.)
CA Civ Code § 1695.13 (2021)
2021 California Code|Civil Code - CIV|DIVISION 3 - OBLIGATIONS|PART 2 - CONTRACTS|TITLE 5 - EXTINCTION OF CONTRACTS|CHAPTER 2.5 - Home Equity Sales Contracts|Section 1695.13.

1695.13.  It is unlawful for any person to initiate, enter into, negotiate, or consummate any transaction involving residential real property in foreclosure, as defined in Section 1695.1, if such person, by the terms of such transaction, takes unconscionable advantage of the property owner in foreclosure.(Added by Stats. 1980, Ch. 423, Sec. 10. Effective July 11, 1980.)
CA Civ Code § 1695.14 (2021)
2021 California Code|Civil Code - CIV|DIVISION 3 - OBLIGATIONS|PART 2 - CONTRACTS|TITLE 5 - EXTINCTION OF CONTRACTS|CHAPTER 2.5 - Home Equity Sales Contracts|Section 1695.14.

1695.14.  (a) In any transaction involving residential real property in foreclosure, as defined in Section 1695.1, which is in violation of Section 1695.13 is voidable and the transaction may be rescinded by the property owner within two years of the date of the recordation of the conveyance of the residential real property in foreclosure.(b) Such rescission shall be effected by giving written notice as provided in Section 1691 to the equity purchaser and his successor in interest, if the successor is not a bona fide purchaser or encumbrancer for value as set forth in subdivision (c), and by recording such notice with the county recorder of the county in which the property is located, within two years of the date of the recordation of the conveyance to the equity purchaser. The notice of rescission shall contain the names of the property owner and the name of the equity purchaser in addition to any successor in interest holding record title to the real property and shall particularly describe such real property. The equity purchaser and his successor in interest if the successor is not a bona fide purchaser or encumbrancer for value as set forth in subdivision (c), shall have 20 days after the delivery of the notice in which to reconvey title to the property free and clear of encumbrances created subsequent to the rescinded transaction. Upon failure to reconvey title within such time, the rescinding party may bring an action to enforce the rescission and for cancellation of the deed.(c) The provisions of this section shall not affect the interest of a bona fide purchaser or encumbrancer for value if such purchase or encumbrance occurred prior to the recordation of the notice of rescission pursuant to subdivision (b). Knowledge that the property was residential real property in foreclosure shall not impair the status of such persons or entities as bona fide purchasers or encumbrancers for value. This subdivision shall not be deemed to abrogate any duty of inquiry which exists as to rights or interests of persons in possession of the residential real property in foreclosure.(d) In any action brought to enforce a rescission pursuant to this section, the prevailing party shall be entitled to costs and reasonable attorneys fees.(e) The remedies provided by this section shall be in addition to any other remedies provided by law.(Added by Stats. 1980, Ch. 423, Sec. 11. Effective July 11, 1980.)
CA Civ Code § 1695.15 (2021)
2021 California Code|Civil Code - CIV|DIVISION 3 - OBLIGATIONS|PART 2 - CONTRACTS|TITLE 5 - EXTINCTION OF CONTRACTS|CHAPTER 2.5 - Home Equity Sales Contracts|Section 1695.15.

1695.15.  (a) An equity purchaser is liable for all damages resulting from any statement made or act committed by the equity purchaser’s representative in any manner connected with the equity purchaser’s acquisition of a residence in foreclosure, receipt of any consideration or property from or on behalf of the equity seller, or the performance of any act prohibited by this chapter.(b) “Representative” for the purposes of this section means a person who in any manner solicits, induces, or causes any property owner to transfer title or solicits any member of the property owner’s family or household to induce or cause any property owner to transfer title to the residence in foreclosure to the equity purchaser.(Added by Stats. 1990, Ch. 1537, Sec. 1.)
CA Civ Code § 1695.16 (2021)
2021 California Code|Civil Code - CIV|DIVISION 3 - OBLIGATIONS|PART 2 - CONTRACTS|TITLE 5 - EXTINCTION OF CONTRACTS|CHAPTER 2.5 - Home Equity Sales Contracts|Section 1695.16.

1695.16.  (a) Any provision of a contract which attempts or purports to limit the liability of the equity purchaser under Section 1695.15 shall be void and shall at the option of the equity seller render the equity purchase contract void. The equity purchaser shall be liable to the equity seller for all damages proximately caused by that provision. Any provision in a contract which attempts or purports to require arbitration of any dispute arising under this chapter shall be void at the option of the equity seller only upon grounds as exist for the revocation of any contract.(b) This section shall apply to any contract entered into on or after January 1, 1991.(Added by Stats. 1990, Ch. 1537, Sec. 2.)
CA Civ Code § 1695.17 (2021)
2021 California Code|Civil Code - CIV|DIVISION 3 - OBLIGATIONS|PART 2 - CONTRACTS|TITLE 5 - EXTINCTION OF CONTRACTS|CHAPTER 2.5 - Home Equity Sales Contracts|Section 1695.17.

1695.17.  (a) Any representative, as defined in subdivision (b) of Section 1695.15, deemed to be the agent or employee, or both the agent and the employee of the equity purchaser shall be required to provide both of the following:(1) Written proof to the equity seller that the representative has a valid current California Real Estate Sales License and that the representative is bonded by an admitted surety insurer in an amount equal to twice the fair market value of the real property which is the subject of the contract.(2) A statement in writing, under penalty of perjury, that the representative has a valid current California Real Estate Sales License, is bonded by an admitted surety insurer in an amount equal to at least twice the value of the real property which is the subject of the contract and has complied with paragraph (1). The written statement required by this paragraph shall be provided to all parties to the contract prior to the transfer of any interest in the real property which is the subject of the contract.(b) The failure to comply with subdivision (a) shall at the option of the equity seller render the equity purchase contract void and the equity purchaser shall be liable to the equity seller for all damages proximately caused by the failure to comply.(Added by Stats. 1990, Ch. 1537, Sec. 3.)
CA Civ Code § 1697 (2021)
2021 California Code|Civil Code - CIV|DIVISION 3 - OBLIGATIONS|PART 2 - CONTRACTS|TITLE 5 - EXTINCTION OF CONTRACTS|CHAPTER 3 - Modification and Cancellation|Section 1697.

1697.  A contract not in writing may be modified in any respect by consent of the parties, in writing, without a new consideration, and is extinguished thereby to the extent of the modification.(Amended by Stats. 1976, Ch. 109.)
CA Civ Code § 1698 (2021)
2021 California Code|Civil Code - CIV|DIVISION 3 - OBLIGATIONS|PART 2 - CONTRACTS|TITLE 5 - EXTINCTION OF CONTRACTS|CHAPTER 3 - Modification and Cancellation|Section 1698.

1698.  (a) A contract in writing may be modified by a contract in writing.(b) A contract in writing may be modified by an oral agreement to the extent that the oral agreement is executed by the parties.(c) Unless the contract otherwise expressly provides, a contract in writing may be modified by an oral agreement supported by new consideration. The statute of frauds (Section 1624) is required to be satisfied if the contract as modified is within its provisions.(d) Nothing in this section precludes in an appropriate case the application of rules of law concerning estoppel, oral novation and substitution of a new agreement, rescission of a written contract by an oral agreement, waiver of a provision of a written contract, or oral independent collateral contracts.(Repealed and added by Stats. 1976, Ch. 109.)
CA Civ Code § 1699 (2021)
2021 California Code|Civil Code - CIV|DIVISION 3 - OBLIGATIONS|PART 2 - CONTRACTS|TITLE 5 - EXTINCTION OF CONTRACTS|CHAPTER 3 - Modification and Cancellation|Section 1699.

1699.  The destruction or cancellation of a written contract, or of the signature of the parties liable thereon, with intent to extinguish the obligation thereof, extinguishes it as to all the parties consenting to the act.(Enacted 1872.)
CA Civ Code § 1700 (2021)
2021 California Code|Civil Code - CIV|DIVISION 3 - OBLIGATIONS|PART 2 - CONTRACTS|TITLE 5 - EXTINCTION OF CONTRACTS|CHAPTER 3 - Modification and Cancellation|Section 1700.

1700.  The intentional destruction, cancellation, or material alteration of a written contract, by a party entitled to any benefit under it, or with his consent, extinguishes all the executory obligations of the contract in his favor, against parties who do not consent to the act.(Enacted 1872.)
CA Civ Code § 1701 (2021)
2021 California Code|Civil Code - CIV|DIVISION 3 - OBLIGATIONS|PART 2 - CONTRACTS|TITLE 5 - EXTINCTION OF CONTRACTS|CHAPTER 3 - Modification and Cancellation|Section 1701.

1701.  Where a contract is executed in duplicate, an alteration or destruction of one copy, while the other exists, is not within the provisions of the last section.(Enacted 1872.)
CA Civ Code § 1738 (2021)
2021 California Code|Civil Code - CIV|DIVISION 3 - OBLIGATIONS|PART 4 - OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS|TITLE 1 - CONSIGNMENT OF FINE ART|CHAPTER 1 - Definitions|Section 1738.

1738.  As used in this title:(a) “Artist” means the person who creates a work of fine art or, if that person is deceased, that person’s heir, legatee, or personal representative.(b) “Fine art” means a painting, sculpture, drawing, work of graphic art (including an etching, lithograph, offset print, silk screen, or a work of graphic art of like nature), a work of calligraphy, or a work in mixed media (including a collage, assemblage, or any combination of the foregoing art media).(c) “Art dealer” means a person engaged in the business of selling works of fine art, other than a person exclusively engaged in the business of selling goods at public auction.(d) “Person” means an individual, partnership, corporation, limited liability company, association or other group, however organized.(e) “Consignment” means that no title to, estate in, or right to possession of, fine art, superior to that of the consignor shall vest in the consignee, notwithstanding the consignee’s power or authority to transfer and convey to a third person all of the right, title and interest of the consignor in and to such fine art.(Amended by Stats. 1994, Ch. 1010, Sec. 31. Effective January 1, 1995.)
CA Civ Code § 1738.5 (2021)
2021 California Code|Civil Code - CIV|DIVISION 3 - OBLIGATIONS|PART 4 - OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS|TITLE 1 - CONSIGNMENT OF FINE ART|CHAPTER 2 - General Provisions|Section 1738.5.

1738.5.  Notwithstanding any custom, practice or usage of the trade to the contrary, whenever an artist delivers or causes to be delivered a work of fine art of the artist’s own creation to an art dealer in this state for the purpose of exhibition or sale, or both, on a commission, fee or other basis of compensation, the delivery to and acceptance of such work of fine art by the art dealer shall constitute a consignment, unless the delivery to the art dealer is pursuant to an outright sale for which the artist receives or has received full compensation for the work of fine art upon delivery.(Added by Stats. 1975, Ch. 953.)
CA Civ Code § 1738.6 (2021)
2021 California Code|Civil Code - CIV|DIVISION 3 - OBLIGATIONS|PART 4 - OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS|TITLE 1 - CONSIGNMENT OF FINE ART|CHAPTER 2 - General Provisions|Section 1738.6.

1738.6.  A consignment of a work of fine art shall result in all of the following:(a) The art dealer, after delivery of the work of fine art, shall constitute an agent of the artist for the purpose of sale or exhibition of the consigned work of fine art within the State of California.(b) The work of fine art shall constitute property held in trust by the consignee for the benefit of the consignor, and shall not be subject to claim by a creditor of the consignee.(c) The consignee shall be responsible for the loss of, or damage to, the work of fine art.(d) The proceeds from the sale of the work of fine art shall constitute funds held in trust by the consignee for the benefit of the consignor. Such proceeds shall first be applied to pay any balance due to the consignor, unless the consignor expressly agrees otherwise in writing.(Added by Stats. 1975, Ch. 953.)
CA Civ Code § 1738.7 (2021)
2021 California Code|Civil Code - CIV|DIVISION 3 - OBLIGATIONS|PART 4 - OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS|TITLE 1 - CONSIGNMENT OF FINE ART|CHAPTER 2 - General Provisions|Section 1738.7.

1738.7.  A work of fine art received as a consignment shall remain trust property, notwithstanding the subsequent purchase thereof by the consignee directly or indirectly for the consignee’s own account until the price is paid in full to the consignor. If such work is thereafter resold to a bona fide purchaser before the consignor has been paid in full, the proceeds of the resale received by the consignee shall constitute funds held in trust for the benefit of the consignor to the extent necessary to pay any balance still due to the consignor and such trusteeship shall continue until the fiduciary obligation of the consignee with respect to such transaction is discharged in full.(Added by Stats. 1975, Ch. 953.)
CA Civ Code § 1738.8 (2021)
2021 California Code|Civil Code - CIV|DIVISION 3 - OBLIGATIONS|PART 4 - OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS|TITLE 1 - CONSIGNMENT OF FINE ART|CHAPTER 2 - General Provisions|Section 1738.8.

1738.8.  Any provision of a contract or agreement whereby the consignor waives any provision of this title is void.(Added by Stats. 1975, Ch. 953.)
CA Civ Code § 1738.9 (2021)
2021 California Code|Civil Code - CIV|DIVISION 3 - OBLIGATIONS|PART 4 - OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS|TITLE 1 - CONSIGNMENT OF FINE ART|CHAPTER 2 - General Provisions|Section 1738.9.

1738.9.  This title shall not apply to a written contract executed prior to the effective date of this title, unless either the parties agree by mutual written consent that this title shall apply or such contract is extended or renewed after the effective date of this title.The provisions of this title shall prevail over any conflicting or inconsistent provisions of the Commercial Code affecting the subject matter of this title. (Added by Stats. 1975, Ch. 953.)
CA Civ Code § 1741 (2021)
2021 California Code|Civil Code - CIV|DIVISION 3 - OBLIGATIONS|PART 4 - OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS|TITLE 1.2 - SALE OF FINE PRINTS|CHAPTER 1 - General Provisions|Section 1741.

1741.  This title shall apply to any fine art multiple when offered for sale or sold at wholesale or retail for one hundred dollars ($100) or more, exclusive of any frame.(Amended by Stats. 1982, Ch. 1320, Sec. 2.)
CA Civ Code § 1742.6 (2021)
2021 California Code|Civil Code - CIV|DIVISION 3 - OBLIGATIONS|PART 4 - OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS|TITLE 1.2 - SALE OF FINE PRINTS|CHAPTER 2 - Full Disclosure in the Sale of Fine Prints|Section 1742.6.

1742.6.  Any charitable organization which conducts a sale or auction of fine art multiples shall be exempt from the disclosure requirements of this title if it posts in a conspicuous place, at the site of the sale or auction, a disclaimer of any knowledge of the information specified in Section 1744, and includes such a disclaimer in a catalogue, if any, distributed by the organization with respect to the sale or auction of fine art multiples. If a charitable organization uses or employs an art dealer to conduct a sale or auction of fine art multiples, the art dealer shall be subject to all disclosure requirements otherwise required of an art dealer under this title.(Added by Stats. 1982, Ch. 1320, Sec. 4.)