Cal. Civ. Code § 2985.71

Current through 2023 Legislative Session
Section 2985.71 - [Operative 7/1/2024] Disclosures required in solicitation to enter into lease contract
(a) Any solicitation to enter into a lease contract that includes any of the following items shall contain the disclosures described in subdivision (b):
(1) The amount of any payment.
(2) A statement of any capitalized cost reduction or other payment required prior to or at consummation or by delivery, if delivery occurs after consummation.
(3) A statement that no capitalized cost reduction or other payment is required prior to or at consummation or by delivery, if delivery occurs after consummation.
(b) A solicitation to enter into a lease contract that includes any item listed in subdivision (a) shall also clearly and conspicuously state all of the following items:
(1) All of the disclosures prescribed by Regulation M set forth in the manner required or permitted by Regulation M, whether or not Regulation M applies to the transaction.
(2) The mileage limit after which mileage charges may accrue and the charge per mile for mileage in excess of the stated mileage limit.
(3) The statement "Plus tax and license" or a substantially similar statement, if amounts due for use tax, license fees, and registration fees are not included in the payments.
(c) No solicitation to aid, promote, or assist directly or indirectly any lease contract may state that a specific lease of any motor vehicle at specific amounts or terms is available unless the lessor usually and customarily leases or will lease that motor vehicle at those amounts or terms.
(d) A failure to comply with the provisions of this section shall not affect the validity of the leasing contract. No owner or employee of any entity, other than the lessor, that serves as a medium in which a lease solicitation appears or through which a lease solicitation is disseminated, shall be liable under this section.
(e) A lessor is not in violation of paragraph (29) of subdivision (a) of Section 1770 because it excludes from the advertised, displayed, or offered lease payment a fee or charge in accordance with paragraph (3) of subdivision (b).
(f) This section shall become operative on July 1, 2024.

Ca. Civ. Code § 2985.71

Added by Stats 2023 ch 400 (SB 478),s 6, eff. 1/1/2024.
Amended by Stats 2023 ch 400 (SB 478),s 5, eff. 1/1/2024.
Repealed and added by Stats. 1997, Ch. 800, Sec. 5. Effective January 1, 1998.