Bill Text: CA AB2248 | 2023-2024 | Regular Session | Introduced
Bill Title: Contracts: sales of dogs and cats.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Engrossed) 2024-05-01 - Referred to Coms. on B., P. & E. D., JUD. and APPR. [AB2248 Detail]
Download: California-2023-AB2248-Introduced.html
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 2248
| Introduced by Assembly Member Maienschein |
February 08, 2024 |
An act to add Section 1670.13 to the Civil Code, relating to contracts.
LEGISLATIVE COUNSEL'S DIGEST
AB 2248, as introduced, Maienschein.
Contracts: sales of dogs and cats.
Existing law generally regulates formation and enforcement of contracts, including what constitutes an unlawful contract. Existing law provides that, except as provided, 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. Existing law provides that 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.
This bill would provide that a contract entered into on or after January 1, 2025, to transfer ownership of a dog or cat is void as against public policy if the buyer is in California, the contract requires a nonrefundable deposit, and the
contract does not identify the original source of the dog or cat, including, but not limited to, the breeder. The bill would require, if money has been exchanged pursuant to a contract that is void pursuant to these provisions, the seller to refund the money to the buyer within 30 days of receiving notice that the contract is void.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 1670.13 is added to the Civil Code, to read:1670.13.
(a) A contract entered into on or after January 1, 2025, to transfer ownership of a dog or cat is void as against public policy if all of the following:(1) The buyer is in California.
(2) The contract requires a nonrefundable deposit.
(3) The contract does not identify the original source of the dog or cat, including, but not limited to, the breeder.
(b) If money has been exchanged pursuant to a contract that is void pursuant to this section, the seller shall refund the money to the buyer within 30 days of receiving notice that the contract is void pursuant to this section.
(c) A person shall not offer a contract that contains a term that violates subdivision (a).
(d) If a person offers a contract that
contains a term that violates subdivision (a), a court may enjoin that person from offering that contract.
