ContractsUnlawful Contracts
Section § 1667
This law section defines what is considered unlawful. It's unlawful if it goes against a specific law, violates the purpose of a law even if it's not directly banned, or if it goes against good morals.
Section § 1668
This law states that contracts that try to remove someone's responsibility for their own fraud, intentional harm, or breaking the law, either on purpose or by accident, are not allowed. Basically, you can't use a contract to avoid being held accountable for these acts.
Section § 1669
Any contract that tries to stop an adult from getting married is not legally valid.
Section § 1669.5
This law states that any contract made by someone accused of a felony sex crime against a minor, meant to pay money to the minor or their representative, is invalid if it involves payments due more than a year after signing. However, the contract can become valid after the final criminal judgment, doesn't apply to payments from irrevocable trusts not controlled by the accused, or when paying child support as per court orders. A district attorney can take action to stop these contracts, and if declared invalid, any money already paid goes into a state fund for children.
Section § 1669.7
This law says that any contract created to exchange money or something of value that breaks Section 132.5 of the Penal Code is invalid because it's against public policy. It also allows the Attorney General or a local district attorney to file or join a lawsuit to stop such a contract from being enforced.
Section § 1670
If there's a disagreement in a construction contract with a public agency, and the contract allows one side or their representative to decide the outcome, the conflict should be resolved through independent arbitration if both sides agree. If not, the matter will go to court.
Section § 1670.5
If a court finds part of a contract to be extremely unfair or oppressive when it was made, it can choose not to enforce that part or the whole contract. The court might also adjust the contract to avoid unfair results. If there's a claim that a contract is unfair, everyone involved will have a chance to provide evidence to help the court decide.
Section § 1670.6
Section § 1670.7
This law says that if a contract tries to take money out of someone's paycheck to cover the costs of bringing them to the United States, that part of the contract is invalid and won't be recognized by the law, as it goes against public policy.
Section § 1670.8
This law says that if you're buying or leasing goods or services as a consumer, a contract can't stop you from sharing your honest opinions about the seller, the product, or the service. It's illegal for sellers to threaten or penalize you for speaking out. If any contract tries to waive these rights, it's not valid. Violating this law could lead to fines, starting at $2,500 for the first offense and increasing for more. In serious cases, penalties can go up to $10,000. Beyond fines, there are other legal consequences available, and the law doesn't stop websites from removing reviews as long as it's legal to do so.
Section § 1670.8
This law states that if you have a contract with a licensed professional for personal use, the contract cannot prevent you from filing a complaint against them or from cooperating with an investigation by the licensing board. If a contract tries to include such a restriction, it cannot be enforced and is against public policy. Consumer services are those primarily for personal or household use, and licensing boards are official bodies that regulate different professions. If a licensee violates this law, they could face disciplinary actions by their board.
Section § 1670.9
This law states that as of January 1, 2018, local governments and law enforcement agencies in California cannot enter into contracts with federal entities or private companies to detain noncitizens for civil immigration purposes unless they already have an existing contract. If they do have a current contract, they can't renew or change it to add more detention beds. Any facility detaining noncitizens under a contract must comply with California's Public Records Act. Furthermore, local authorities cannot approve land deals or permits for building or reusing properties for noncitizen detention without public notice and at least two public meetings to discuss it.
Section § 1670.10
Section § 1670.11
Section § 1670.12
This law outlines rules for exclusive listing agreements involving single-family residential properties. Specifically, these agreements can't last more than 24 months unless they're between a broker and a corporation, LLC, or partnership. Renewals need to be in writing, can't exceed 12 months, and no agreement can auto-renew. It's illegal to record these agreements with the county or enforce agreements if they break these terms. Any agreement made in violation is void, and homeowners can keep any money received. Violating this law also breaks other rules, and real estate professionals can face penalties under their licensing laws.