Electronic and Appliance Repair DealersOffenses Against the Chapter
Section § 9840
This law makes it illegal to operate as a service dealer if you haven't registered properly and your registration isn't up to date.
Section § 9841
This law explains that the director has the power to deny, suspend, revoke, or put on probation the registration of a service dealer if they, or their employees or partners, engage in certain unacceptable practices. Such practices include making false or misleading advertisements, making false promises, committing fraud or dishonest actions, being incompetent or negligent, not following laws or regulations, ignoring industry standards, committing crimes related to their job, or violating orders from the regulatory bureau. The law also allows for similar actions if a service dealer's registration is used to benefit a former registrant whose license was suspended or revoked.
Section § 9842
When a service dealer does any work, they must create an invoice detailing the work done and the parts used, as directed by regulations. The invoice must clearly note if used parts were used. The dealer should give one copy to the customer and keep another for at least three years. If the invoice is digital, both the customer and service dealer should have electronic copies for the same duration.
Section § 9843
If you take something to be repaired, the repair shop should give back the old parts they replaced, unless the parts are exempted by regulations or need to be returned to the manufacturer or distributor because of a warranty.
Section § 9844
Before any repairs are done, the customer must receive a written estimate that lists the costs for parts and labor. If the repair shop wants to charge more than shown in the estimate, they need the customer's permission first. Repair shops can charge a fair fee for diagnosing the problem to create the estimate, but they must inform the customer about this fee upfront. This can happen before starting repairs at home, before taking items from the home, or when bringing items to the repair shop. Also, estimates can be given electronically.
Section § 9844.1
Before installing any equipment that falls under this chapter, the service provider must tell the customer how much it will cost in writing. If the installation fee is included in the item's total price or discounted to encourage the purchase, the local overseeing authority can decide what a fair installation cost would be for enforcement reasons.
Section § 9844.5
This law states that a repair or installation service provider cannot keep your equipment if their charges are higher than what was originally estimated and agreed upon. If the final charges for repair or installation go beyond the written estimate you received, or a new estimate signed by you, they must release your equipment even if you haven’t paid the extra amount.
Section § 9845
This law says that a service business cannot pay its staff or members based on how many or how expensive the parts they replace are. However, this rule doesn't apply when selling equipment as specifically defined in another section of the law.
Section § 9846
This law states that if you're using the word "guarantee" or similar words in business, you must follow the rules set by the director.
Section § 9847
If you run a service repair business, you need to keep certain records for at least three years. These records should be available for inspection by officials if they ask to see them.
Section § 9847.5
This law requires service contractors to keep certain records for at least three years and make them available for inspection by the director or law enforcement. The requirement will expire on January 1, 2028.
Section § 9848
This law says that if you want to challenge a citation related to certain vehicle violations, or if there's any registration issue like denial, suspension, revocation, or probation, these matters will be handled according to specific legal procedures found in the Government Code.
Section § 9849
This law section states that even if a service dealer or contractor's registration has expired, the director still has the authority to investigate, hold hearings, and make decisions about issuing cease and desist orders, or suspending, revoking, or placing the registration on probation.
This provision is temporary and will no longer be in effect after January 1, 2028.
Section § 9849
This law says that even if a service dealer's registration expires, it doesn't stop the director from investigating them, issuing a cease and desist order, or deciding to suspend, revoke, or put their registration on probation. This rule will start being effective on January 1, 2028.
Section § 9850
If someone doesn't follow the rules outlined in this chapter, they can be charged with a misdemeanor. The penalties can be a fine up to $1,000, up to six months in jail, or both.
Section § 9851
This law allows a county court to stop someone from operating as a service dealer or contractor if they are breaking the rules set out in this chapter. The court can issue an injunction, which means legally ordering them to stop certain actions. The law makes it easier for the director to get an injunction because they don't have to prove that other legal remedies aren't sufficient or that any harm is beyond repair. However, this law will no longer be in effect after January 1, 2028.
Section § 9851
This law allows the superior court to stop someone from conducting business illegally as a service dealer, based on a request from the director. The court can issue an injunction or a similar order to restrain this activity. The legal proceedings for this are guided by certain civil procedure rules, but the director doesn’t have to prove there’s no other legal remedy or that not stopping the activity would cause harm. These rules will take effect on January 1, 2028.
Section § 9852
Section § 9853
This California statute states that if a service dealer or contractor is found guilty or pleads no contest to charges related to their professional role, it counts as a conviction. The state can take actions like suspending or revoking their registration. This holds even if later a court decision allows the person to change their plea or dismiss the charges. The statute will be in effect until January 1, 2028, after which it will no longer be valid.
Section § 9853
If someone working as a service dealer pleads guilty, is found guilty, or enters a no contest plea to a crime related to their job duties, it counts as a conviction under this rule. This means the director can take actions like suspending or revoking their registration, or putting them on probation. This applies even if later actions, like withdrawing a guilty plea or dismissing the charges, are taken. This rule will start to be enforced on January 1, 2028.