Legal Question in Consumer Law in California

Re: Civil code

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.

Re: Civil code

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

available.