California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 38 - Department of Consumer Affairs › Chapter 4 - Unlawful Detainer Assistants › Article 2 - Unlawful Detainer Assistant Standard Contract › Section 3890 - Unlawful Detainer Assistant Standard Contract

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Every unlawful detainer assistant as
				  defined in subdivision (a) of Section
				  6400
				  of the Business and Professions Code who enters into a contract or agreement
				  with a client to provide services shall complete the standard form contract
				  specified in subdivision (b). Upon execution of the contract by all parties,
				  and prior to providing any service, the unlawful detainer assistant shall give
				  a copy of the contract to all client parties. The contract shall be in English
				  and in any other language understood by the client and principally used in any
				  oral sales presentation or negotiation leading to execution of the contract.
				  The unlawful detainer assistant shall be responsible for translating the
				  contract into any language other than English principally used in any oral
				  sales presentation or negotiation leading to execution of the contract, and
				  shall give all client parties copies of both the fully-executed
				  English-language version of the contract and the foreign-language translation
				  of it before any service has been provided.
(b) Unlawful Detainer Assistant Contract for
				  Services.
UNLAWFUL DETAINER ASSISTANT CONTRACT FOR
					 SERVICES
County where Registrant is
							 registered:
___________________________
Name of County Clerk Office for the county of
							 registration:
___________________________
Address:
___________________________
Phone
							 Number:
___________________________
Web Site (if
							 available):
___________________________
This is a contract between me,
					 ______________________________, and you, ______________________________, for
					 the services described in Part I below. I am the "unlawful detainer assistant"
					 and you are the "client."
IMPORTANT NOTICES
1. You should read and understand this entire
				  contract before you sign it.
2.
				  [12-point bold type] I am not an attorney. I cannot perform the legal services
				  that an attorney performs. I cannot engage in the practice of law.
3. [12-point bold type] The county clerk has
				  not evaluated or approved my knowledge or experience, or the quality of my
				  work.
4. I cannot keep your
				  original documents if you request that I return them to you. I cannot keep your
				  original documents if you and I do not sign this contract or if this contract
				  terminates (ends) for any reason. I cannot keep your original documents after
				  all of the contract services have been provided (see Part I below). It is a
				  violation of California law if I keep your original documents under any of
				  these circumstances.
5. It is a
				  violation of California law if I make any false or misleading statement to
				  you.
6. I cannot obtain special
				  favors from, and I do not have any special influence with, any court or any
				  state or federal agency.
7. As
				  required by law, I have filed a bond or made a cash deposit, and have
				  registered as an unlawful detainer assistant in each county where I will
				  perform services on your behalf.
I.
SERVICES
[12-point bold type] I cannot engage in the practice of
					 law. This means that I cannot give you any kind of advice, explanation, opinion
					 or recommendation about possible legal rights, remedies, defenses, strategies
					 or options that you may have. I cannot give you any advice, explanation,
					 opinion or recommendation regarding selection of forms.
I will provide you all the following services (list all
					 services for which the client is being charged):
A. ___________________________
B. ___________________________
C. ___________________________
D. ___________________________
You are paying me only for those services listed above and
					 no others. It is unlawful for me to make any guarantee or promise to you unless
					 it is written in this contract and unless I have a factual basis for making the
					 guarantee or promise.
II.
FEES AND EXPENSES
You agree to pay me the following fees, costs and
					 expenses:
A. A flat fee in the total
				  amount of $ __________ for all services, costs and expenses, to be paid as
				  follows (itemize services, costs and expenses and state terms of payment):
				  ___________________________
___________________________
___________________________
OR
B. A rate of $ __________ per hour, not to
				  exceed a total of $ __________ for all services, costs and expenses. I will
				  provide you a statement itemizing all services rendered, expenses incurred, and
				  the balance owed, each time a payment is due.
III.
CANCELLATION
[Bold type] You may cancel this contract for any reason
					 within 24 hours after we both have signed it.
[Bold type] If you cancel the contract, I must immediately
					 refund any fees which you have paid me. The only fees that I may keep are fees
					 for services which I have actually, necessarily and reasonably performed on
					 your behalf during the 24-hour period. I cannot keep any fees for services
					 performed during the 24-hour period unless you knew that I would perform those
					 services and you agreed in this contract that I would perform them.
To cancel this contract, send me a written notice stating
					 that you are canceling the contract. Mail the notice by first-class mail with
					 the correct postage, and send it to me at my address (see Part V below).
					 Cancellation takes effect on the date of the postmark on the notice. You can
					 also cancel this contract by delivering a written notice of cancellation to my
					 address within the 24-hour period.
You also may cancel this contract at any time if I:
* Fail to give you a copy of this contract before providing
					 any services to you, or
* Fail to specify in the contract the services which I will
					 perform and the costs of those services, or
* Fail to give you a copy of the contract in English and in
					 any other language that you understand and that was principally used in any
					 oral sales presentation or negotiation leading to execution of the contract. If
					 you cancel this contract for any of these reasons, I must immediately refund in
					 full any fees which you have paid me.
You may also cancel this contract at any time if you have
					 legal cause.
IV.
ATTORNEY'S FEES AND COSTS
In the event of suit for damages arising from this contract
					 or to enforce any of its provisions, the court may award the prevailing party
					 his or her reasonable attorneys fees and costs.
V.
VENUE
The venue for any action arising out of a dispute between
					 you and me is the county in California in which you have your primary
					 residence.
VI.
DESCRIPTION OF THE PARTIES
Unlawful Detainer
								Assistant
Full name:
_______________________________________________________________________
Business name (if different):
_______________________________________________________________________
Street address of business:
_______________________________________________________________________
City, State:
_______________________________________________________________________
Telephone number:
_______________________________________________________________________
Fax number (if any):
_______________________________________________________________________
Registration number in county where services will be
							 provided:
_______________________________________________________________________
Date of expiration:
_______________________________________________________________________
County:
_______________________________________________________________________
I have filed a bond or made a cash
							 deposit in the following
counties:
_______________________________________________________________________
Client
Name of client:
_______________________________________________________________________
Name of client:
_______________________________________________________________________
Street address:
_______________________________________________________________________
City, State:
_______________________________________________________________________
Telephone number:
_______________________________________________________________________
VII.
SIGNATURES
Executed at ___________________________________,
					 California.
___________________________
___________________________
(Signature of Unlawful Detainer Assistant)
(Date)
Notices to Client
[12-point bold type] You may obtain information from the
					 local bar association or a legal aid or legal services office regarding free or
					 low-cost representation by a lawyer.
You may contact the local police, sheriff, district
					 attorney or legal aid or legal services office if you believe that you are the
					 victim of fraud, unauthorized practice of law or other injury.
___________________________
___________________________
(Client)
(Date)
___________________________
___________________________
(Client)
(Date)
(THIS CONTRACT IS NOT VALID OR BINDING UNTIL THE UNLAWFUL
					 DETAINER ASSISTANT HAS GIVEN ALL CLIENT PARTIES A FULLY EXECUTED COPY OF IT,
					 INCLUDING AN ACCURATE TRANSLATION OF IT IN ANY LANGUAGE OTHER THAN ENGLISH THAT
					 THE CLIENT UNDERSTANDS AND THAT WAS PRINCIPALLY USED IN ANY ORAL SALES
					 PRESENTATION OR NEGOTIATION LEADING TO EXECUTION OF THE
					 CONTRACT.)