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CALIFORNIA CIVIL CODE -- CONTRACTS -- SECTIONS 1619-1632
1619. A contract is either express or implied.
1620. An express contract is one, the terms of which are stated in
1621. An implied contract is one, the existence and terms of which are
manifested by conduct.
1622. All contracts may be oral, except such as are specially required
by statute to be in writing.
1623. Where a contract, which is required by law to be in writing, is
prevented from being put into writing by the fraud of a party thereto,
any other party who is by such fraud led to believe that it is in
writing, and acts upon such belief to his prejudice, may enforce it
against the fraudulent party.
1624. The following contracts are invalid, unless they, or some note or
memorandum thereof, are in writing and subscribed by the party to be
charged or by the party's agent:
(a) An agreement that by its terms is not to be performed within a
year from the making thereof.
(b) A special promise to answer for the debt, default, or miscarriage
of another, except in the cases provided for in Section 2794.
(c) An agreement for the leasing for a longer period than one year,
or for the sale of real property, or of an interest therein; such an
agreement, if made by an agent of the party sought to be charged, is
invalid, unless the authority of the agent is in writing, subscribed by
the party sought to be charged.
(d) An agreement authorizing or employing an agent, broker, or any
other person to purchase or sell real estate, or to lease real estate
for a longer period than one year, or to procure, introduce, or find a
purchaser or seller of real estate or a lessee or lessor of real estate
where the lease is for a longer period than one year, for compensation
or a commission.
(e) An agreement which by its terms is not to be performed during the
lifetime of the promisor.
(f) An agreement by a purchaser of real property to pay an
indebtedness secured by a mortgage or deed of trust upon the property
purchased, unless assumption of the indebtedness by the purchaser is
specifically provided for in the conveyance of the property.
(g) A contract, promise, undertaking, or commitment to loan money or
to grant or extend credit, in an amount greater than one hundred
thousand dollars ($100,000), not primarily for personal, family, or
household purposes, made by a person engaged in the business of lending
or arranging for the lending of money or extending credit. For purposes
of this section, a contract, promise, undertaking or commitment to loan
money secured soley by residential property consisting of one to four
dwelling units shall be deemed to be for personal, family, or household
This section does not apply to leases subject to Division 10
(commencing with Section 10101) of the Commercial Code.
1625. The execution of a contract in writing, whether the law requires
it to be written or not, supersedes all the negotiations or stipulations
concerning its matter which preceded or accompanied the execution of the
1626. A contract in writing takes effect upon its delivery to the party
in whose favor it is made, or to his agent.
1627. The provisions of the Chapter on Transfers in General, concerning
the delivery of grants, absolute and conditional, apply to all written
1628. A corporate or official seal may be affixed to an instrument by a
mere impression upon the paper or other material on which such
instrument is written.
1629. All distinctions between sealed and unsealed instruments are
1630. Except as provided in Section 1630.5, a printed contract of
bailment providing for the parking or storage of a motor vehicle shall
not be binding, either in whole or in part, on the vehicle owner or on
the person who leaves the vehicle with another, unless the contract
conforms to the following:
(a) "This contract limits our liability--read it" is printed at the
top in capital letters of 10-point type or larger.
(b) All the provisions of the contract are printed legibly in eight-
point type or larger.
(c) Acceptance of benefits under a contract included within the
provisions of this section shall not be construed a waiver of this
section, and it shall be unlawful to issue such a contract on condition
that provisions of this section are waived.
A copy of the contract printed in large type, in an area at least 17
by 22 inches, shall be posted in a conspicuous place at each entrance of
the parking lot.
Nothing in this section shall be construed to prohibit the enactment
of city ordinances on this subject that are not less restrictive, and
such enactments are expressly authorized.
1630.5. The provisions of any contract of bailment for the parking or
storage of a motor vehicle shall not exempt the bailee from liability,
either in whole or in part, for the theft of any motor vehicle, when
such motor vehicle is parked or stored with such bailee, and the keys
are required by such bailee to be left in the parked or stored vehicle.
1631. Every person in this State who sells machinery used or to be used
for mining purposes shall, at the time of sale, give to the buyer a bill
of sale for the machinery. The seller shall keep a written record of
the sale, giving the date thereof, describing the machinery, and showing
the name and address of the buyer, and the buyer, if in this State,
shall keep a record of his purchase, giving the name and address of the
seller, describing the machinery, and showing the date of the purchase.
1632. (a) Any person engaged in a trade or business who negotiates
primarily in the Spanish language orally or in writing in the course of
(1) A contract or agreement subject to the provisions of Title 2
(commencing with Section 1801) of, and Chapter 2b (commencing with
Section 2981) and Chapter 2d (commencing with Section 2985.7) of Title
14 of, Part 4 of Division 3;
(2) A loan or extension of credit secured other than by real
property, or unsecured, for use primarily for personal, family or
(3) A lease, sublease, rental contract or agreement, or other term of
tenancy contract or agreement, for a period of longer than one month,
covering a dwelling, an apartment, or mobilehome, or other dwelling unit
normally occupied as a residence; or
(4) Notwithstanding paragraph (2), a loan or extension of credit for
use primarily for personal, family or household purposes where such loan
or extension of credit is subject to the provisions of Article 7
(commencing with Section 10240) of Chapter 3 of Part 1 of Division 4 of
the Business and Professions Code, or Division 7 (commencing with
Section 18000), or Division 9 (commencing with Section 22000) or
Division 10 (commencing with Section 24000) of the Financial Code; or
(5) A contract or agreement, containing a statement of fees or
charges, entered into for the purpose of obtaining legal services, when
the person who is engaged in business is currently licensed to practice
law pursuant to Chapter 4 (commencing with Section 6000) of Division 3
of the Business and Professions Code; shall, deliver to the party to
such contract or agreement and prior to the execution thereof, an
unexecuted Spanish-language translation of the contract or agreement,
except that for a loan subject to this part and to the provisions of
Article 7 (commencing with Section 10240) of Chapter 3 of Part 1 of
Division 4 of the Business and Professions Code, the delivery of a
Spanish-language translation of the statement to borrower required by
Section 10240 of the Business and Professions Code, shall be deemed
compliance with this subdivision. At the time and place where a
contract or agreement described in this paragraph is entered into, a
Spanish-language notice shall be provided to the lessee or tenant.
(b) Provision by a supervised financial organization of a Spanish-
language translation of the disclosures required by Regulation M or
Regulation Z, and, if applicable, Division 7 (commencing with Section
18000) or Division 9 (commencing with Section 22000) or Division 10
(commencing with Section 24000) of the Financial Code, prior to the
execution of the contract shall also be deemed compliance with the
requirements of subdivision (a) with regard to the original contract or
(1) "Regulation M" and "Regulation Z" mean any rule, regulation, or
interpretation promulgated by the Board of Governors of the Federal
Reserve System and any interpretation or approval issued by an official
or employee duly authorized by the board to issue interpretations or
approvals dealing with, respectively, consumer leasing or consumer
lending, pursuant to the Federal Truth in Lending Act, as amended (15
U.S.C. 1601 et seq.).
(2) As used in this section, "supervised financial organization"
means a bank, savings association (as defined in Section 5102 of the
Financial Code), credit union, or holding company, affiliate, or
subsidiary thereof, or any person subject to Article 7 (commencing with
Section 10240) of Chapter 3 of Part 1 of Division 4 of the Business and
Professions Code, or Division 7 (commencing with Section 18000) or
Division 9 (commencing with Section 22000) or Division 10 (commencing
with Section 24000) of the Financial Code.
(c) At the time and place where a contract or agreement described in
paragraph (1) or (2) of subdivision (a) is entered into, a Spanish-
language notice shall be conspicuously displayed to the effect that the
person described in subdivision (a) is required to provide an unexecuted
Spanish-language contract or agreement, or a Spanish-language
translation of the disclosures required by law, as the case may be. If
a person described in subdivision (a) does business at more than one
location or branch, the requirements of this section shall apply only
with respect to the location or branch at which the Spanish language is
(d) The term "contract" or "agreement," as used in this section,
means the document creating the rights and obligations of the parties
and includes any subsequent document making substantial changes in the
rights and obligations of the parties. The term "contract" or
"agreement" does not include any subsequent documents authorized or
contemplated by the original document such as periodic statements, sales
slips or invoices representing purchases made pursuant to a credit card
agreement, a retail installment contract or account or other revolving
sales or loan account, memoranda of purchases in an add-on sale, or
refinancing of a purchase as provided by, or pursuant to, the original
The term "contract" or "agreement" does not include a home
improvement contract as defined in Sections 7151.2 and 7159 of the
Business and Professions Code, nor does it include plans,
specifications, description of work to be done and materials to be used,
or collateral security taken or to be taken for the retail buyer's
obligation contained in a contract for the installation of goods by a
contractor licensed pursuant to Chapter 9 (commencing with Section 7000)
of Division 3 of the Business and Professions Code, if such home
improvement contract or installation contract is otherwise a part of a
contract described in subdivision (a).
Matters ordinarily incorporated by reference in contracts or
agreements as described in paragraph (3) of subdivision (a), including
but not limited to rules and regulations governing a tenancy and
inventories of furnishings to be provided by the person described in
subsection (a) are not included in the term "contract" or "agreement."
(e) This section shall not apply to any person engaged in a trade or
business who negotiates primarily in the Spanish language as described
by subdivision (a) if the party with whom he or she is negotiating is a
buyer of goods or services, or receives a loan or extension of credit,
or enters an agreement obligating himself or herself as a tenant,
lessee, or sublessee, or similarly obligates himself or herself by
contract or lease, and such party negotiates the terms of the contract,
lease, or other obligation through his or her own interpreter.
As used in this subdivision, "his or her own interpreter" means a
person, not a minor, able to speak fluently and read with full
understanding the English and Spanish languages, and who is not employed
by, or whose service is made available through, the person engaged in
the trade or business.
(f) The terms of the contract or agreement which is executed in
English shall determine the rights and obligations of the parties.
However, the Spanish-language translation of the contract or the
disclosures required by subdivision (b) shall be admissible in evidence
only to show that no contract was entered into because of a substantial
difference in the material terms and conditions of the contract and the
(g) Upon a failure to comply with the provisions of this section, the
person aggrieved may rescind the contract or agreement in the manner
provided by this chapter. When the contract for a consumer credit sale
or consumer lease which has been sold and assigned to a financial
institution is rescinded pursuant to this subdivision, the consumer
shall make restitution -->restitution to and have restitution made by the person with
whom he made the contract, and shall give notice of rescission to the
assignee. Notwithstanding that the contract was assigned without
recourse, the assignment shall be deemed rescinded and the assignor
shall promptly repurchase the contract from the assignee.
(h) A person engaged in a trade or business may submit to the
Department of Consumer Affairs and the department shall then verify the
accuracy of Spanish-language translations of contracts, agreements,
disclosures required by subdivision (b), and notices.
(i) Notwithstanding any other provision of law, the liability of the
Department of Consumer Affairs and its employees in verification of the
translation of contracts from English to Spanish is limited to
misrepresentations in such translations and the liability of the
Department of Consumer Affairs and employees is controlled by Sections
815.2 and 822.2 of the Government Code.
(j) No advertisement, announcement, publication or other
representation either oral or written that a contract or agreement
translation from English to Spanish has been verified by the Department
of Consumer Affairs may be made by any person, business or employee
utilizing such translated contracts or agreements.
(k) Immediately upon the enactment of this provision the Department
of Consumer Affairs shall prepare a schedule of fees for translation
verification as set forth herein.
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