Article 2Creation of Liens
Section § 1791
This section is all about defining terms related to consumer goods and their sales, leases, and services. It clarifies what counts as consumer goods, like new products for personal use (but not clothes or consumables), and describes different roles in selling these goods, such as buyers, sellers, distributors, and manufacturers. The section also defines things like leases, assistive devices for people with disabilities, service contracts, and specific types of household and electronic products. Additionally, it specifies how certain terms, like 'clear and conspicuous' in communication, should be interpreted.
Section § 1791.1
This section talks about the 'implied warranty of merchantability' and 'implied warranty of fitness' for consumer goods. The implied warranty of merchantability ensures products meet certain standards like being fit for ordinary use, properly packaged, and as advertised. The implied warranty of fitness applies when a seller knows the specific purpose the buyer needs a product for, and the buyer relies on the seller's expertise. These warranties must last at least 60 days but no more than a year from purchase, unless a longer express warranty is available. If the implied warranties are breached, the buyer has certain legal remedies.
Section § 1791.2
This law defines what an 'express warranty' is in relation to consumer goods. It involves a written promise from the manufacturer, distributor, or retailer at the time of sale that they will ensure the product works as expected, or they will compensate if it doesn't. This can also mean that a product must match any sample or model shown to the consumer. Specific terms like 'warrant' or 'guarantee' aren't necessary to create a legal warranty, but if they are used, they result in one. However, simple statements about product value or general claims about customer satisfaction don't count as express warranties.
Section § 1791.3
This law section explains that when a product is sold "as is" or "with all faults," the manufacturer, distributor, and retailer are letting consumers know that they are not providing any guarantees about the product's condition or quality. Essentially, the buyer accepts the product with any existing issues, and no warranties will apply.
Section § 1798.3
This section of the California Civil Code defines specific terms that are important when discussing personal information managed by agencies. "Personal information" refers to data identifying or describing someone, like their name, address, or social security number. The term "agency" includes state entities, but excludes the California Legislature, certain judicial agencies, and local agencies among others. "Disclose" means to share or communicate information, while "maintain" involves managing or using data. The section defines various terms including "individual," "record," "system of records," and "commercial purpose," clarifying the entities involved and the scope of activities when handling personal information.
Section § 1802
This section basically says that unless there's a specific reason not to, the definitions in this article should be used to understand the rest of the chapter.
Section § 1802.1
This law defines what "goods" are in terms of property purchased for personal or household use. It includes physical items and certain products that become part of real estate, like fixtures. However, it excludes vehicles that need to be registered and items sold with or leased alongside such vehicles under specific contracts. It does count trailers sold with boats, unless exempted by another rule. Here, trailers refer to those made to carry boats exclusively.
Section § 1802.10
This section explains that a "finance charge" is the extra cost a buyer agrees to pay when buying something on installment, kind of like a payment plan. It doesn't include costs for things like insurance, late fees, lawyer fees, court costs, or costs for maintaining or securing the purchased item that may come up after the contract is signed.
Section § 1802.11
This law section explains two financial terms used in retail installment sales. 'Amount financed' refers to a specific financial detail that must be disclosed according to another section of the law. 'Unpaid balance' means the total price of goods or services in the sale, plus any insurance or fees included, minus the buyer's down payment.
Section § 1802.12
The 'total of payments' refers to the total amount a borrower needs to pay, as detailed under certain financial disclosure regulations. This total can include part of the downpayment if it's postponed until the second scheduled payment, as long as no interest is charged on this deferred amount.
Section § 1802.13
Section § 1802.14
In simple terms, 'official fees' refer to the payments that are legally required and made to public officials to secure a lien or other type of claim on goods sold on an installment basis. This can include fees related to licensing, certificates of title, and vehicle registration.
Section § 1802.15
This section defines the word "person" very broadly. It includes not just individual people, but also partnerships, corporations, limited liability companies, associations, and any other organized groups.
Section § 1802.16
A 'financing agency' in California is anyone involved in buying retail installment contracts or installment accounts from retail sellers. This includes banks, trust companies, private bankers, and investment companies, if they are engaged in this activity.
Section § 1802.17
This law defines a 'billing cycle' as the period between the dates of regular monthly billing statements.
Section § 1802.18
This section explains that 'Regulation Z' refers to the set of rules and guidelines created by the Federal Reserve Board under the Truth in Lending Act. It includes any official interpretations or approvals related to this act, which are issued by authorized members or employees of the Federal Reserve.
Section § 1802.19
This law section specifies when a retail installment contract or account is considered to be made in California, making it subject to state laws. If a seller offers to sell in California or a buyer who lives in California makes or accepts an offer to buy within the state, the contract is considered made there. Additionally, if sales communication from outside California reaches a California resident, it's seen as an offer within the state. Likewise, if a California resident sends a buying request to an out-of-state seller, it's considered an offer to buy in California.
Section § 1802.2
This law defines 'services' as any kind of work or labor provided that isn't intended for commercial or business purposes. This can include services related to selling or fixing goods, repairing motor vehicles (but not those service contracts sold with vehicles), improving real estate, or providing insurance. However, it does not cover medical services by doctors or dentists, or any services where costs and prices need official approval or filing with the federal government.
Section § 1802.20
This law explains how to calculate a finance charge using a simple interest method. It describes two methods: one uses a 365-day year to calculate actual days passed, which sellers can adjust for leap years. The other method is for contracts before 1988, using a 360-day year with each month having 30 days, assuming all payments are made on time.
Section § 1802.21
The 'precomputed basis' is a way to calculate a finance charge on a loan. It involves multiplying the initial amount owed by a rate, and then multiplying that result by the total number of payment periods from the start of the finance charge until the final scheduled payment.
Section § 1802.3
This law defines a 'retail seller' or 'seller' as someone who sells goods or provides services directly to consumers.
Section § 1802.4
This law defines a 'retail buyer' as someone who purchases goods or services from a retailer with a payment plan and not mainly to sell them again. It's about shoppers who plan to use what they buy themselves, not resell it.
Section § 1802.5
This law explains that a 'retail installment sale' is when a store sells goods or provides services to a customer and allows them to pay for it over time through multiple payments instead of all at once.
Section § 1802.6
This law defines a 'retail installment contract' as any agreement for a retail sale where the buyer pays back in installments. It applies whether the contract includes holding onto the title until paid off or not. It covers situations where a buyer agrees to pay finance charges or gets a discount for using cash or a credit card. It also includes deals where goods or services would have been cheaper or better quality if bought with cash. If a contract involves more than four installments, it falls under this definition. It further includes security agreements or leases where you eventually own the item if you make all the payments as agreed.
Section § 1802.7
This law section defines what a 'retail installment account' is. Basically, it's an account created when you agree in California to pay off purchases from a store over time, with payments being made in installments. The agreement can include a finance charge, which is a cost for borrowing that is calculated as a percentage of what you owe, but it's not a fixed amount or added directly to the loan.
Section § 1802.8
This section defines 'cash price' in a retail installment contract as the price a buyer would pay in cash today for goods or services if it wasn't an installment sale. This includes taxes and any costs for additional accessories or services.
Section § 1802.9
The term “total sale price” includes everything a buyer is expected to pay for a product or service. This means the item's base cost, any insurance, official fees, and the finance charge are all part of the total price.
Section § 1822
If someone is holding something for you, they must give it back to you when you ask, unless they have a legal right to keep it as collateral (a lien), the true owner has told them not to give it back, or the law prevents them from doing so. They must also follow certain notification rules if applicable.
Section § 1823
Basically, if you leave something with someone for safekeeping, they don't have to give it back to you unless you actually ask for it, even if you agreed to keep it there for a set period.
Section § 1824
If someone is holding something for you, they can choose to give it back to you either from their home or their workplace, whichever is easier for them.
Section § 1825
If someone is holding something for you—like if you left a valuable item with them—and something legally happens that might affect your ownership or their ability to return it to you, they must let you know right away. This is to ensure you're aware of any issues that could impact your property.
Section § 1826
If someone is holding onto an item for someone else but thinks it might actually belong to another person, they can notify this potential rightful owner. If the notified person doesn’t claim the item and prove ownership in a reasonable amount of time, and also doesn’t protect the holder from any claims by the person who initially deposited the item, the holder isn't liable if they return the item to the original depositor or make a decision affecting their situation regarding the item.
Section § 1827
If two or more people share ownership of something stored with someone else and can't agree on how it should be returned, the person holding it can give each person their share, as long as it doesn't damage the item.
Section § 1828
This law says that if a bank account is set up in the names of two or more people, with instructions that the money can be given to any one of them or the survivor(s), the bank can pay out the money to any one of those people or to the surviving person(s) if one passes away.
Section § 2304
This law says that an agent can do anything on behalf of another person—who's called the principal—unless it's something the principal must personally handle themselves.
Section § 2305
This section says that if the law allows someone to do something, or have something done to them, they can have their agent do it or be involved instead. This is okay unless it's clearly stated otherwise.
Section § 2306
This law says that an agent (someone acting on behalf of another person) can't legally do something that is fraudulent against the person they're representing, especially if the other person involved knows or even suspects it's a fraud.
Section § 2307
This law section explains that you can create an agency, which means having someone else act on your behalf, by either giving them permission beforehand or by agreeing to their actions after they've been taken.
Section § 2308
This law says that even if there’s no payment or promise in return (consideration), an agent’s authority to act on behalf of someone (the principal) is still valid and enforceable.
Section § 2309
This law says that you can give permission verbally for most things. However, if you're giving someone the authority to make a contract that legally needs to be in writing, that permission must also be given in writing.
Section § 2310
This law says that if someone wants to approve or confirm something that was done without their permission, they need to do it the same way they would have given the original permission. Alternatively, they can simply accept or keep the benefits of the action, as long as they know about it.
Section § 2311
If you agree to or confirm any part of a deal that can't be split into separate parts, you are agreeing to the entire deal.
Section § 2312
This law says that for you to approve or 'ratify' something someone did on your behalf, you must have had the authority to let them do it in the first place.
Section § 2313
This law says that if someone does something they weren't allowed to do, it can't be made valid later if it harms someone else, unless that person agrees to it.
Section § 2314
You can undo a ratification, which means officially approving something that was already done, if you didn't have the necessary consent when you approved it, or if you didn't fully understand the important details of what you were approving. However, you can't rescind it for any other reasons.
Section § 2315
This law says that an agent can only do what they are either directly or seemingly given permission to do by the person they represent.
Section § 2316
This law is about "actual authority," which is the power a person gives to someone else to act on their behalf. It happens when the person in charge (the principal) either clearly gives this power to the other person (the agent) or makes the agent reasonably believe they have this power, even without intending to.
Section § 2317
In simple terms, ostensible authority occurs when someone in charge, like a boss, makes a third person reasonably think that an agent or representative has the power to act on their behalf. This can happen either because the boss intentionally gave this impression or because they weren't careful enough to prevent it.
Section § 2318
This law states that agents generally have the powers given to them by this set of rules, unless their principal—a person they represent—specifically takes away some of that power. However, other people can assume the agent still has those powers unless they know or should reasonably know about these restrictions.
Section § 2319
Section § 2320
An agent can ignore their principal's instructions if it's clearly better for the principal and they can't reach them in time to get new directions.
Section § 2321
This law is saying that if you receive authority or permission described in both broad and detailed terms, you should not assume you have more power than what's specifically stated. The detailed terms limit the general authority.
Section § 2322
Even if someone is given broad authority, there are still things they can't do. They can't act in their name unless it's usually done in business that way, they can't decide how much power they have, and they can't break any rules that apply to trustees.
Section § 2323
Section § 2324
If someone is given the power to sell and transfer ownership of real estate, they also have the power to make common assurances about the property, like promising it's free from any hidden problems.
Section § 2325
Section § 2326
Section § 2881
Section § 2882
Section § 2883
This law explains that you can make an agreement to put a lien, which is a claim, on property that you don't own yet. Once you get that property, the lien becomes valid. However, if you expect to receive property from an estate (someone's assets after they die) and want to create a lien on that property, the lien doesn't count until you actually receive the property. If the estate property is sold and the sale order is recorded, any potential lien you expected under your agreement is canceled.
Section § 2884
A lien can be set up through a contract to immediately secure future obligations that haven't yet come into being.
Section § 2885
When a state agency files a tax lien on someone's real property, they must send a written notice to the property owner. If previous mail to that address was undelivered with no forwarding address, they aren't required to send this notice. Not sending the notice doesn't change the legal power or priority of the lien.