2009 California Civil Code - Section 1749-1749.4 :: Title 1.4. Layaway Practices

SECTION 1749-1749.4

1749.  Any retail seller which permits consumers to lay away
consumer goods shall provide to any consumer entering into a layaway
agreement with the seller a written statement of the terms and
conditions of the agreement, including the following information:
   (1) The amount of the deposit received.
   (2) The length of time the goods will be held on layaway which may
be expressed as a period of time or as a date when final payment for
the goods is due.
   (3) A specific description of the goods.
   (4) The total purchase price of the goods including a separate
listing of any handling or processing charges.
   (5) Any other terms and conditions of the layaway agreement.
   (6) That the seller will refund any layaway deposit and subsequent
payments, if any, when, before the end of the stated layaway period,
the goods have for any reason become no longer available in the same
condition as at the time of the sale to the consumer.

1749.1.  For purposes of this title, the following terms have the
following meanings:
   (a) "Consumer good" means any article which is used or bought for
use primarily for personal, family, or household purposes.
   (b) "Retail seller" means an individual, firm, partnership,
corporation, joint stock company, association, organization, or other
legal entity which engages in the business of selling consumer goods
to retail buyers.
   (c) "Layaway" means an agreement by a retail seller with a
consumer to retain specified consumer goods for sale to the consumer
at a specified price, in earnest of which sale the consumer has
deposited with the retail seller an agreed upon sum of money, and any
other terms and conditions not contrary to law which are mutually
agreed upon.

1749.2.  Any waiver by the buyer of consumer goods of the provisions
of this title, except as expressly provided in this title, shall be
deemed contrary to public policy and shall be unenforceable and void.

1749.3.  The remedies provided by this title are cumulative and
shall not be construed as restricting any remedy that is otherwise

1749.4.  Nothing in this title shall be construed to limit or reduce
any legal obligations imposed under Title 2 (commencing with Section
1801) of Part 4 of Division 3 or under any other applicable law.

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