California Codes

Cal. Civil Code § 1689.5 (2026)

Rescission

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As used in Sections 1689.6 to 1689.11, inclusive, and in Section 1689.14, all of the following definitions apply:

(a)“Home solicitation contract or offer” means any contract, whether single or multiple, or any offer which is subject to approval, for the sale, lease, or rental of goods or services or both, made at other than appropriate trade premises in an amount of twenty-five dollars ($25) or more, including any interest or service charges. “Home solicitation contract” does not include any contract under which the buyer has the right to rescind pursuant to Title 1, Chapter 2, Section 125 of the Federal Consumer Credit Protection Act (P.L. 90-321) and the regulations promulgated pursuant thereto.

(b)“Appropriate trade premises,” means premises where either the owner or seller normally carries on a business, or where goods are normally offered or exposed for sale in the course of a business carried on at those premises.

(c)“Goods” means tangible chattels bought for use primarily for personal, family, or household purposes, including certificates or coupons exchangeable for these goods, and including goods that, at the time of the sale or subsequently, are to be so affixed to real property as to become a part of the real property whether or not severable therefrom, but does not include any vehicle required to be registered under the Vehicle Code, nor any goods sold with this vehicle if sold under a contract governed by Section 2982, and does not include any mobilehome, as defined in Section 18008 of the Health and Safety Code, nor any goods sold with this mobilehome if either are sold under a contract subject to Section 18036.5 of the Health and Safety Code.

(d)“Services” means work, labor and services, including, but not limited to, services furnished in connection with the repair, restoration, alteration, or improvement of residential premises, or services furnished in connection with the sale or repair of goods as defined in Section 1802.1, and courses of instruction, regardless of the purpose for which they are taken, but does not include the services of attorneys, real estate brokers and salesmen, securities dealers or investment counselors, physicians, optometrists, or dentists, nor financial services offered by banks, savings institutions, credit unions, industrial loan companies, personal property brokers, consumer finance lenders, or commercial finance lenders, organized pursuant to state or federal law, that are not connected with the sale of goods or services, as defined herein, nor the sale of insurance that is not connected with the sale of goods or services as defined herein, nor services in connection with the sale or installation of mobilehomes or of goods sold with a mobilehome if either are sold or installed under a contract subject to Section 18036.5 of the Health and Safety Code, nor services for which the tariffs, rates, charges, costs, or expenses, including in each instance the time sale price, is required by law to be filed with and approved by the federal government or any official, department, division, commission, or agency of the United States or of the state.

(e)“Business day” means any calendar day except Sunday, or the following business holidays: New Year’s Day, Washington’s Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans’ Day, Thanksgiving Day, and Christmas Day.

(f)“Senior citizen” means an individual who is 65 years of age or older.

Notes of Decisions
Cited in 10 cases (4 in the last 5 years), 1979–2024 · leading case: People v. Toomey, 157 Cal. App. 3d 1 (Cal. Ct. App. 1984).
People v. Toomey, 157 Cal. App. 3d 1 (Cal. Ct. App. 1984). · cites it 4× “5); and 4) violation of the statutes governing home solicitations (hereafter home solicitation sales act) (Civ. Code, § 1689.5 et seq.), specifically in failing to inform consumers of the right to cancel as required by law (Civ.”
Handyman Connection of Sacramento, Inc. v. Sands, 123 Cal. App. 4th 867 (Cal. Ct. App. 2004). · cites it 4× “” (Civ. Code, § 1689.5, subd. (a).) “Goods” means “tangible chattels bought for use primarily for personal, family, or household purposes, .”
Crystal v. West & Callahan, Inc., 614 A.2d 560 (Md. 1992). · cites it 2× “329 (1977) (applying California Civ.Code Ann. § 1689.5 et seq.”
Beley v. Mun. Court, 100 Cal. App. 3d 5 (Cal. Ct. App. 1979). “Buyer moved for summary judgment, contending that the contract was a home solicitation contract (Civ. Code, § 1689.5) which did not contain the mandatory notice of Buyer’s right to cancel within three days (§ 1689.”
Soohoo v. Capstone Coatings & Windows, No. B257288 (Cal. Ct. App. Aug. 24, 2015). · cites it 5× “It reasoned that the contract between Soohoo and Capstone was a “home solicitation contract” within the meaning of Civil Code section 1689.5, subdivision (a).”
Johnson v. Advanced Air Solutions Inc., No. 5:19-cv-00613 (N.D. Cal. Apr. 30, 2020). · cites it 2× “; (2) violation of the California Home Solicitation Sales 16 Act, Cal. Civil Code § 1689.5 , et seq.; and (3) violation of the California Consumer Legal 17 Remedies Act, Cal.”
Jones v. Solgen Constr., 99 Cal. App. 5th 1178 (Cal. Ct. App. 2024). “), the Home Solicitations Sales Act (Civ. Code, § 1689.5 et seq.), Business and Professions Code section 7150 et seq.”
Nordeman v. Dish Network LLC, 525 F. Supp. 3d 1080 (N.D. Cal. 2021). “Cal Civ. Code §§ 1689.5, 1689.7. Further, “[u]ntil the seller has complied 23 with this section the buyer may cancel the home solicitation contract or offer.”
Fuentes v. Dish Network L.L.C., No. 4:16-cv-02001 (N.D. Cal. Mar. 16, 2023). “”3 Cal. Civ. Code § 1689.5 (a). The phrase appropriate trade premises means “premises 5 where either the owner or seller normally carries on a business, or where goods are normally 6 offered or exposed for sale in the course of a business carried on at those premises.”
Narciso Fuentes v. Dish Network, LLC, No. 23-15865 (9th Cir. Sept. 19, 2024). “” Cal. Civ. Code § 1689.5 (a). ** The Honorable Robert S.”
Cal. Civil Code § 1689.5(a): 1 case
Johnson v. Advanced Air Solutions Inc., No. 5:19-cv-00613 (N.D. Cal. Apr. 30, 2020). “; (2) violation of the California Home Solicitation Sales 16 Act, Cal. Civil Code § 1689.5 , et seq.; and (3) violation of the California Consumer Legal 17 Remedies Act, Cal.”
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