§ 2853. Notice of Remedies for Failure to Refund.

The clause required under subdivision (a)(8) of Section 10167.9 of the Code in a prepaid rental listing service contract shall appear in bold face type immediately below the RIGHT TO REFUND notice specified in Section 10167.10 of the Code and shall read as follows:

“You may bring a small claims court action against the licensee for his/her refusal to make a refund on your demand of all or part of the fee paid by you under this contract. If the court finds that the licensee has acted in bad faith in refusing to make the refund, the court has the authority to award you up to one thousand dollars ($1,000) in addition to damages actually sustained by you.”

HISTORY

1. New section filed 1-9-85; effective thirtieth day thereafter (Register 85, No. 2). For prior history, see Register 80, No. 49 and 80. No. 3.

2. Amendment of second paragraph and amendment of Note filed 9-5-2003; operative 10-5-2003 (Register 2003, No. 36).

Note

Note: Authority cited: Section 10080, Business and Professions Code. Reference: Sections 10167.9 and 10167.10, Business and Professions Code.