Cal. Codes » Civil Code / DIVISION 3. OBLIGATIONS / PART 2. CONTRACTS / TITLE 5. EXTINCTION OF CONTRACTS / CHAPTER 2. Rescission
California Codes

Cal. Civil Code § 1689.7 (2026)

Rescission

✓ current as of May 2026
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(a)(1)Except for contracts written pursuant to Sections 7151.2 and 7159.10 of the Business and Professions Code, in a home solicitation contract or offer, the buyer’s agreement or offer to purchase shall be written in the same language, e.g., Spanish, as principally used in the oral sales presentation, shall be dated, shall be signed by the buyer, and except as provided in paragraph (2), shall contain in immediate proximity to the space reserved for the buyer’s signature, a conspicuous statement in a size equal to at least 10-point boldface type, as follows:

(A)For a buyer who is a senior citizen:“You, the buyer, may cancel this transaction at any time prior to midnight of the fifth business day after the date of this transaction. See the attached notice of cancellation form for an explanation of this right.”

(B)For all other buyers:“You, the buyer, may cancel this transaction at any time prior to midnight of the third business day after the date of this transaction. See the attached notice of cancellation form for an explanation of this right.”

(2)The statement required pursuant to this subdivision for a home solicitation contract or offer for the purchase of a personal emergency response unit, as defined in Section 1689.6, that is not installed with and as part of a home security alarm system subject to the Alarm Company Act (Chapter 11.6 (commencing with Section 7590) of Division 3 of the Business and Professions Code) that has two or more stationary protective devices used to enunciate an intrusion or fire and is installed by an alarm company operator operating under a current license issued pursuant to the Alarm Company Act, is as follows: “You, the buyer, may cancel this transaction at any time prior to midnight of the seventh business day after the date of this transaction. See the attached notice of cancellation form for an explanation of this right.”

(3)Except for contracts written pursuant to Sections 7151.2 and 7159.10 of the Business and Professions Code, the statement required pursuant to this subdivision for the repair or restoration of residential premises damaged by a disaster pursuant to subdivision (c) of Section 1689.6 is as follows:“You, the buyer, may cancel this transaction at any time prior to midnight of the seventh business day after the date of this transaction. See the attached notice of cancellation form for an explanation of this right.”

(4)(A)A home solicitation contract written pursuant to Section 7151.2 of the Business and Professions Code shall be written in the same language, e.g., Spanish, as principally used in the oral sales presentation. The contract, or an attachment to the contract that is subject to Section 7159 of the Business and Professions Code shall include in immediate proximity to the space reserved for the buyer’s signature, the following statement in a size equal to at least 12-point boldface type, which shall be dated and signed by the buyer:

“Three-Day Right to Cancel

You, the buyer, have the right to cancel this contract within three business days. You may cancel by emailing, mailing, faxing, or delivering a written notice to the contractor at the contractor’s place of business by midnight of the third business day after you received a signed and dated copy of the contract that includes this notice. Include your name, your address, and the date you received the signed copy of the contract and this notice.

If you cancel, the contractor must return to you anything you paid within 10 days of receiving the notice of cancellation. For your part, you must make available to the contractor at your residence, in substantially as good condition as you received it, any goods delivered to you under this contract or sale. Or, you may, if you wish, comply with the contractor’s instructions on how to return the goods at the contractor’s expense and risk. If you do make the goods available to the contractor and the contractor does not pick them up within 20 days of the date of your notice of cancellation, you may keep them without any further obligation. If you fail to make the goods available to the contractor, or if you agree to return the goods to the contractor and fail to do so, then you remain liable for performance of all obligations under the contract.”

(B)References to “three” and “third” in the statement set forth in subparagraph (A) shall be changed to “five” and “fifth,” respectively, for a buyer who is a senior citizen.

(b)The agreement or offer to purchase shall contain on the first page, in a type size no smaller than that generally used in the body of the document, the following: (1) the name, address, and email address of the seller to which the notice is to be sent, (2) the date the buyer signed the agreement or offer to purchase, and (3) the telephone number of the seller, or the seller’s representative, to assist the buyer with locating and filling out the “Notice of Cancellation.”

(c)(1)Except for contracts written pursuant to Sections 7151.2 and 7159.10 of the Business and Professions Code, or except as provided in subdivision (d), the agreement or offer to purchase shall be accompanied by a completed form in duplicate, captioned “Notice of Cancellation” which shall be attached to the agreement or offer to purchase and be easily detachable, and which shall contain in type of at least 10-point the following statement written in the same language, e.g., Spanish, as used in the contract:

“Notice of Cancellation”

/enter date of transaction/

(Date)

“You may cancel this transaction, without any penalty or obligation, within three business days from the above date.

If you cancel, any property traded in, any payments made by you under the contract or sale, and any negotiable instrument executed by you will be returned within 10 days following receipt by the seller of your cancellation notice, and any security interest arising out of the transaction will be canceled.

If you cancel, you must make available to the seller at your residence, in substantially as good condition as when received, any goods delivered to you under this contract or sale, or you may, if you wish, comply with the instructions of the seller regarding the return shipment of the goods at the seller’s expense and risk.

If you do make the goods available to the seller and the seller does not pick them up within 20 days of the date of your notice of cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to the seller, or if you agree to return the goods to the seller and fail to do so, then you remain liable for performance of all obligations under the contract.”

To cancel this transaction, email, mail, or deliver a signed and dated copy of this cancellation notice, or any other written notice, or send a telegram

to/name of seller/,

at/address of seller’s place of business/

not later than midnight of(Date).

I hereby cancel this transaction.(Date)

(Buyer’s signature)

(2)The reference to “three” in the statement set forth in paragraph (1) shall be changed to “five” for a buyer who is a senior citizen.

(d)Any agreement or offer to purchase a personal emergency response unit, as defined in Section 1689.6, which is not installed with and as part of a home security alarm system subject to the Alarm Company Act which has two or more stationary protective devices used to enunciate an intrusion or fire and is installed by an alarm company operator operating under a current license issued pursuant to the Alarm Company Act, shall be subject to the requirements of subdivision (c), and shall be accompanied by the “Notice of Cancellation” required by subdivision (c), except that the first paragraph of that notice shall be deleted and replaced with the following paragraph:

You may cancel this transaction, without any penalty or obligation, within seven business days from the above date.

(e)A home solicitation contract written pursuant to Section 7151.2 of the Business and Professions Code for the repair or restoration of residential premises damaged by a disaster that is subject to subdivision (c) of Section 1689.6, shall be written in the same language, e.g., Spanish, as principally used in the oral sales presentation. The contract, or an attachment to the contract that is subject to Section 7159 of the Business and Professions Code shall include, in immediate proximity to the space reserved for the buyer’s signature, the following statement in a size equal to at least 12-point boldface type, which shall be signed and dated by the buyer:

“Seven-Day Right to Cancel

You, the buyer, have the right to cancel this contract within seven business days. You may cancel by emailing, mailing, faxing, or delivering a written notice to the contractor at the contractor’s place of business by midnight of the seventh business day after you received a signed and dated copy of the contract that includes this notice. Include your name, your address, and the date you received the signed copy of the contract and this notice.

If you cancel, the contractor must return to you anything you paid within 10 days of receiving the notice of cancellation. For your part, you must make available to the contractor at your residence, in substantially as good condition as you received it, any goods delivered to you under this contract or sale. Or, you may, if you wish, comply with the contractor’s instructions on how to return the goods at the contractor’s expense and risk. If you do make the goods available to the contractor and the contractor does not pick them up within 20 days of the date of your notice of cancellation, you may keep them without any further obligation. If you fail to make the goods available to the contractor, or if you agree to return the goods to the contractor and fail to do so, then you remain liable for performance of all obligations under the contract.”

(f)The seller shall provide the buyer with a copy of the contract or offer to purchase and the attached notice of cancellation, and shall inform the buyer orally of the buyer’s right to cancel and the requirement that cancellation be in writing, at the time the home solicitation contract or offer is executed.

(g)Until the seller has complied with this section the buyer may cancel the home solicitation contract or offer.

(h)“Contract or sale” as used in subdivision (c) means “home solicitation contract or offer” as defined by Section 1689.5.

(i)The five-day right to cancel added by the act that added subparagraph (A) to paragraph (1) and subparagraph (B) to paragraph (4) of subdivision (a), and paragraph (2) to subdivision (c) applies to contracts, or offers to purchase conveyed, entered into, on or after January 1, 2021.

Notes of Decisions
Cited in 9 cases (2 in the last 5 years), 1977–2025 · leading case: Handyman Connection of Sacramento, Inc. v. Sands, 20 Cal. Rptr. 3d 727 (Cal. Ct. App. 2004).
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Handyman Connection of Sacramento, Inc. v. Sands, 20 Cal. Rptr. 3d 727 (Cal. Ct. App. 2004). · cites it 3× “’ ” (Civ. Code, § 1689.7, subd. (a)(1).) Subdivision (b) of Civil Code section 1689.”
Phillippe v. Shapell Indus., Inc., 743 P.2d 1279 (Cal. 1987). · cites it 2× “9, enacted 1980); home solicitation contracts (Civ. Code, § 1689.7, enacted 1971); automotive repairs (Bus.”
Crystal v. West & Callahan, Inc., 614 A.2d 560 (Md. 1992). · cites it 2× “9, § 2454(b)(3) (1984) reads: "Until the seller has complied with this subsection, the consumer .”
Weatherall Aluminum Prods. Co. v. Scott, 71 Cal. App. 3d 245 (Cal. Ct. App. 1977). · cites it 2× “(Civ. Code, § 1689.7.) Plaintiff installed the wall system on February 20, 1974.”
Beley v. Mun. Court, 100 Cal. App. 3d 5 (Cal. Ct. App. 1979). “2 Because the instant contract did not contain the required notice giving the Buyer a right to cancel within three days, the statute technically extended indefinitely (until the Seller complied with the notice requirement) the Buyer’s right to cancel (Civ. Code, § 1689.7, subd.…”
Johnson v. Advanced Air Solutions Inc. (N.D. Cal. 2020). · cites it 3× “Claim 2: California Home Solicitation Sales Act 26 In her second claim, Johnson alleges that Advanced Air violated the California Home 27 Solicitation Sales Act (“HSSA”), Cal. Civil Code § 1689.7 (c), by providing a “Notice of 1 Cancellation” in a “font smaller than the 10 point…”
Soohoo v. Capstone Coatings & Windows CA2/3 (Cal. Ct. App. 2015). · cites it 5× “Because Capstone never provided Soohoo with a “Notice of Cancellation” form and oral advisement of her cancellation right as required by that statute, Civil Code section 1689.7, subdivision (g), allowed her to cancel the contract at any time, even after the expiration of the…”
Solorzano v. Sunnova Energy Corp. CA4/1 (Cal. Ct. App. 2025). · cites it 2× ““Alternatively” and “disregarding” that defect, the court denied the motion “because the agreement upon which the moving parties rely is a ‘home solicitation contract’ (Civil Code § 1689.7) which has been cancelled by” Jorge and Eugenia such that they “sustained their burden of…”
Nordeman v. Dish Network LLC (N.D. Cal. 2021). “The signed written contract did not contain a notice of the buyer’s right to cancel 12 as required by California Civil Code section 1689.7 for a home solicitation contract.”
Cal. Civil Code § 1689.7(c): 1 case
Johnson v. Advanced Air Solutions Inc. (N.D. Cal. 2020). “Claim 2: California Home Solicitation Sales Act 26 In her second claim, Johnson alleges that Advanced Air violated the California Home 27 Solicitation Sales Act (“HSSA”), Cal. Civil Code § 1689.7 (c), by providing a “Notice of 1 Cancellation” in a “font smaller than the 10 point…”
Cal. Civil Code § 1689.7(e): 1 case
Crystal v. West & Callahan, Inc., 614 A.2d 560 (Md. 1992). “9, § 2454(b)(3) (1984) reads: "Until the seller has complied with this subsection, the consumer .”
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