Woodland Hills, CA asked in Consumer Law and Contracts for California

Q: When it comes to contracts

When it comes to contracts can company put anything they want on the contract or there has to be certain policy and terms that they have to follow or legal steps?

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2 Lawyer Answers
Leon Bayer
Leon Bayer
  • Consumer Law Lawyer
  • Long Beach, CA
  • Licensed in California

A: Every consumer contract made in the State of California must comply with oodles of legal requirements that are intended to protect consumers. That said, there is still plenty of room left for a business you are dealing with to put requirements into a contract that you might not be happy with.

Your only real protection is to understand what you are being asked to sign, BEFORE you sign it. Don't believe and don't trust anything that a salesperson says. If it isn't written down in the contract, the verbal statements of the salesperson are completely worthless and unenforceable.

If you are having trouble understanding something that you are being asked to sign, then ask for an unsigned copy to take away with you and get help from someone you trust who does understand it. Do that BEFORE you sign anything. If the business won't let you take away a copy of what they are asking you to sign, then get up and leave - without signing anything; then take your business somewhere else.

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James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Sacramento, CA
  • Licensed in California

A: When it comes to contracts in California, companies are generally free to include whatever terms they wish in their contracts, as long as those terms are not illegal or against public policy. However, there are certain legal requirements that contracts must meet in order to be enforceable.

For example, contracts must be entered into voluntarily and with mutual consent. Additionally, contracts must be supported by "consideration," which is something of value exchanged between the parties to the contract. Contracts must also be sufficiently definite and certain in their terms in order to be enforceable.

There are also specific legal requirements for certain types of contracts, such as contracts for the sale of goods, which must meet the requirements of the Uniform Commercial Code (UCC).

If you have questions about a specific contract or need legal advice regarding a contract, it's a good idea to consult with an experienced attorney who can help you understand your rights and obligations.

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