Full Statute Name:  West's Annotated California Codes. Civil Code. Division 3. Obligations. Part 2. Contracts. Title 4. Unlawful Contracts. § 1670.10. Sale of dogs and cats; retail installment contracts prohibited; remedies

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Primary Citation:  West's Ann.Cal.Civ.Code § 1670.10 Country of Origin:  United States Last Checked:  April, 2019 Date Adopted:  2018
Summary: This law, effective 2018, prohibits the transfer of ownership of dogs and cats through retail installment contracts. This is a contract where transfer ownership of a dog or cat in which ownership is contingent upon the making of payments over a period of time subsequent to the transfer of possession of the dog or cat. These contracts on or after January 1, 2018 are void as against public policy in the state

(a)(1) Except as provided in paragraph (2), a contract entered into on or after January 1, 2018, to transfer ownership of a dog or cat in which ownership is contingent upon the making of payments over a period of time subsequent to the transfer of possession of the dog or cat is void as against public policy.

(2) Paragraph (1) shall not apply to payments to repay an unsecured loan for the purchase of the dog or cat.

(b) A contract entered into on or after January 1, 2018, for the lease of a dog or cat that provides for or offers the option of transferring ownership of the dog or cat at the end of the lease term is void as against public policy.

(c) In addition to any other remedies provided by law, the consumer taking possession of a dog or cat transferred under a contract described in paragraph (1) of subdivision (a) or in subdivision (b) shall be deemed the owner of the dog or cat and shall also be entitled to the return of all amounts the consumer paid under the contract.

Credits

(Added by Stats.2017, c. 761 (A.B.1491), § 1, eff. Jan. 1, 2018.)

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