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Section 5 of 7 · about 21% of the exam

California Home Improvement Contract Requirements (2026): 3-Day Cancel, Down Payment, Required Notices

Updated

In California, a home improvement contract over $500 must be in writing and signed before work starts. The down payment may not exceed $1,000 or 10% of the contract price, whichever is less. The buyer usually has 3 business days to cancel, or 5 business days if the buyer is 65 or older. The rules are in Business and Professions Code (BPC) 7159 and 7159.5, with the cancel rules in Civil Code 1689.5 to 1689.7.

This is Section 5 of the exam, Contract Requirements and Execution, about 21% of the exam and the largest share (CSLB study guide).

Who must follow these rules

A "home improvement" is repairing, remodeling, altering, converting, modernizing or adding to residential property, including pools, patios, fences, landscaping and heating or air conditioning equipment (BPC 7151). A "home improvement contract" can be oral or written, with an owner or with a tenant for work on the tenant's unit (BPC 7151.2).

The written contract rules in BPC 7159(b) apply when the total price of one or more contracts, counting labor, services and materials, exceeds $500. Service and repair contracts of $750 or less follow their own rules instead (see below).

What the contract must contain

Every home improvement contract, and every change to it, must be in writing and signed by both parties before the covered work starts (BPC 7159(d)). Before work starts, the contractor must give the buyer a copy signed and dated by both. The buyer's receipt of that copy starts the right to cancel (BPC 7159(c)(3)).

Item Rule
Contractor details Name, business address and license number
Salesperson Name and registration number, if a salesperson was used
First page Date the buyer signed; contractor's name, address and email address for the Notice of Cancellation; contractor's telephone number to help the buyer fill it out
Heading "Home Improvement" in at least 10-point bold
Copy statement "You are entitled to a completely filled in copy of this agreement..." in at least 12-point bold
Contract Price In dollars and cents
Finance Charge If any, shown separately from the contract price
Description The project and the significant materials and equipment (pools also need a plan and scale drawing)
Downpayment If charged, with the 12-point bold notice on the $1,000 / 10% cap
Schedule of Progress Payments Each payment in dollars and cents, tied to the work and materials it pays for
Dates What counts as substantial commencement; "Approximate Start Date"; "Approximate Completion Date"
Change orders A "Note About Extra Work and Change Orders"

Source: BPC 7159(c) and (d).

Other required items from BPC 7159(c):

  • A promise of a full and unconditional lien release for the work paid for, after each satisfactory payment.
  • A change-order form. A change order is part of the contract only if written and signed before the changed work starts.
  • Near the signatures, a notice that the owner or tenant may require a performance and payment bond.
  • A Yes / No checkbox on using subcontractors. If "Yes", the contractor must give, on request, a list of them with contact information, license numbers and classifications.

Required notices

BPC 7159(e) adds these notices:

  1. Commercial General Liability Insurance: whether the contractor carries CGL or is self-insured.
  2. Workers' Compensation Insurance: "has no employees and is exempt" or "carries workers' compensation insurance for all employees".
  3. Extra work and change orders: what a change order must state in writing.
  4. Mechanics Lien Warning, including that a Preliminary Notice can be sent up to 20 days after a subcontractor starts work or a supplier delivers material.
  5. CSLB information notice, in at least 12-point type.
  6. Right to cancel notice (next section).

Right to cancel: 3, 5 or 7 business days

Situation Cancel window Source
Most home improvement contracts 3 business days BPC 7159(e)(6)
Buyer is a senior citizen (65 or older) 5 business days BPC 7159(e)(6), BPC 7150
Repair or restoration after a declared state of emergency or local emergency 7 business days BPC 7159(e)(7)

The period ends at midnight of the third (fifth for a senior) business day after the buyer received a signed and dated copy of the contract (Civil Code 1689.6(a)(2)). For a disaster repair contract, the notice gives until midnight of the seventh business day after the buyer received that copy (BPC 7159(e)(7)(A)). A business day is every calendar day except Sunday and nine listed holidays, so Saturday counts (Civil Code 1689.5(e)).

The notice must be in at least 12-point bold next to the owner's signature space, signed and dated by the owner, written in the language used in the oral sales presentation, and come with a completed, easily detachable Notice of Cancellation form in duplicate (BPC 7159(e)(6)(C)).

How the buyer cancels

The buyer may cancel by emailing, mailing, faxing or delivering a written notice (BPC 7159(e)(6)(B)). Notice goes to the address or email address in the contract. A mailed notice is effective when mailed, properly addressed with postage prepaid. Any written notice showing the buyer does not intend to be bound works; the form is optional (Civil Code 1689.6(d)–(f)).

After a cancellation, the contractor must return everything the buyer paid within 10 days of receiving the notice. The buyer must make delivered goods available at the residence; if the contractor does not pick them up within 20 days of the notice, the buyer may keep them (BPC 7159(e)(6)(B)).

When the 3-day notice is not required

Under BPC 7159(e)(6)(A), the 3-day (or 5-day) notice is not given when the contract is:

  • negotiated at the contractor's place of business;
  • subject to the 7-day disaster notice instead;
  • covered by the Alarm Company Act (with conditions).

Separately, the buyer can waive the cancel right for emergency repairs initiated by the buyer (or the buyer's agent or insurance representative) that are needed right away to protect people or property, by signing and dating a separate statement describing the emergency (Civil Code 1689.13).

Down payment: $1,000 or 10%, whichever is less

BPC 7159.5(a)(3) caps the down payment at $1,000 or 10 percent of the contract amount, whichever amount is less. The contract amount includes profit, labor and materials but excludes finance charges (BPC 7159.5(a)(1)).

Contract price 10% Maximum down payment
$5,000 $500 $500
$8,500 $850 $850
$10,000 $1,000 $1,000
$25,000 $2,500 $1,000

Progress payments: never ahead of the work

  • Except for the down payment, the contractor may not request or accept payment that exceeds the value of work performed or material delivered. This includes advance payments from a lender (BPC 7159.5(a)(5)).
  • Payments due before completion need a schedule in dollars and cents tied to specific work and materials (BPC 7159.5(a)(4)).
  • If asked, the contractor must provide a lien release for the work paid for. The owner may withhold further payments until it is provided (BPC 7159.5(a)(6)).

Bond exemption. A contractor furnishing a performance and payment bond, lien and completion bond, or registrar-approved bond equivalent or joint control covering full performance and payment is exempt from the down payment cap, the payment schedule rule and the rule against taking payment ahead of the work, and may accept payment before completion (BPC 7159.5(a)(8)). The lien release rule still applies.

Service and repair contracts ($750 or less)

A "service and repair contract" must meet all four conditions in BPC 7159.10(a):

  1. The contract amount is $750 or less.
  2. The buyer initiated contact to request the work.
  3. The contractor sells nothing beyond what is reasonably necessary to fix that problem.
  4. No payment is due or accepted until the work is completed.

If any condition is not met, the full home improvement rules apply, including the right to cancel, regardless of the contract price (BPC 7159.10(b)). Only one service charge is allowed, and replaced parts must be offered to the customer (BPC 7159.14(a)).

First-page contact details and email cancellation

The current Civil Code 1689.7(b) and BPC 7159(c)(3)(B) require the first page to show the contractor's name, address, email address and a telephone number for help with the Notice of Cancellation, and BPC 7159(e)(6)(B) lets the buyer cancel by email. Compare older forms or study notes with the current statute text.

What happens if the contract does not comply

  • Failing to include the required information, notices and disclosures is cause for discipline (BPC 7159(a)(5)). If the Notice of Cancellation is missing, the buyer may file a complaint with CSLB (BPC 7159(a)(6)).
  • Breaking the written-contract, down payment or excess-payment rule is a misdemeanor: a fine of $100 to $5,000, up to one year in county jail, or both. In a place damaged by a natural disaster under a Governor's state of emergency or a presidential emergency or major disaster declaration, the court must impose the maximum fine (BPC 7159.5(b)(1)).
  • Until the seller complies with the notice rules, the buyer may cancel (Civil Code 1689.7(g)).
  • A change order that does not state the scope, price change, and effect on payments or completion date is not enforceable against the buyer (BPC 7159.6).

Sources

BPC 7150, 7151, 7151.2, 7159, 7159.5, 7159.6, 7159.10, 7159.14; Civil Code 1689.5, 1689.6, 1689.7, 1689.13; CSLB Law and Business Examination Study Guide.

Read the Section 5 study notes: Contract Requirements and Execution

Practice questions

Think of your answer first, then open the explanation.

  1. Contract Requirements and Execution

    1. Under Business and Professions Code section 7159, an agreement with a homeowner for home improvement work is a "home improvement contract" when the total contract price is more than what amount?

    • A. $500
    • B. $750
    • C. $1,000
    • D. $5,000
    Show answer

    Correct answer: A

    • A. $500

      Correct answer

      Section 7159 makes an agreement for home improvement work a home improvement contract when the total contract price, including all labor, services, and materials, is more than $500.

    • B. $750

      $750 is the price limit for a service and repair contract. The home improvement contract threshold in section 7159 is more than $500.

    • C. $1,000

      $1,000 is too high. Section 7159 covers home improvement work when the total contract price is more than $500.

    • D. $5,000

      $5,000 is a limit in a different rule about security interests. The home improvement contract threshold is more than $500.

    Explanation

    Section 7159 defines a home improvement contract as an agreement for home improvement work when the total contract price, including all labor, services, and materials, is more than $500. Contracts over this amount must meet the written contract rules in section 7159. $750 is the price limit for a service and repair contract. $5,000 is a limit in a different rule about security interests.

    Source

  2. Contract Requirements and Execution

    2. A home improvement contract price is $8,500. The contractor has no bond that exempts it from the down payment rule. What is the largest down payment the contractor may charge?

    • A. $500
    • B. $850
    • C. $1,000
    • D. $1,700
    Show answer

    Correct answer: B

    • A. $500

      $500 is not part of the rule. The down payment limit is $1,000 or 10 percent of the contract amount, whichever is less, which is $850 here.

    • B. $850

      Correct answer

      10 percent of $8,500 is $850, which is less than $1,000. Since the down payment may not exceed the lesser of the two amounts, $850 is the most the contractor may charge.

    • C. $1,000

      $1,000 is the limit only when 10 percent of the contract is more than $1,000. Here 10 percent is $850, which is less, so $850 controls.

    • D. $1,700

      $1,700 uses 20 percent of the contract price instead of 10 percent. It is also more than the $1,000 cap.

    Explanation

    Business and Professions Code section 7159.5 says a down payment may not exceed $1,000 or 10 percent of the contract amount, whichever is less. Step 1: 10 percent of $8,500 is $8,500 x 0.10 = $850. Step 2: Compare $850 with $1,000. Step 3: The lesser amount is $850, so that is the most the contractor may charge. $1,000 is the limit only when 10 percent is more than $1,000. $1,700 uses 20 percent, and $500 is not part of the rule.

    Source

  3. Contract Requirements and Execution

    3. A 70-year-old homeowner signs a home improvement contract at home. It is not for disaster repairs. How many business days does the buyer have to cancel?

    • A. 3 business days
    • B. 5 business days
    • C. 7 business days
    • D. 10 business days
    Show answer

    Correct answer: B

    • A. 3 business days

      Three days is the starting rule, but section 7159 changes "three" to "five" for a buyer who is a senior citizen. A senior citizen is anyone 65 or older, so this 70-year-old buyer gets five days.

    • B. 5 business days

      Correct answer

      Section 7159 changes the three-day right to cancel to five days for a senior citizen buyer, and a senior citizen is a person 65 or older. This 70-year-old buyer has five business days.

    • C. 7 business days

      Seven days is the rule for disaster repair contracts, not for seniors. This contract is not for disaster repairs, so the senior five-day rule applies.

    • D. 10 business days

      Ten days is too long. The senior citizen rule changes the three-day period to five days, not ten.

    Explanation

    Business and Professions Code section 7159 changes the three-day right to cancel to five days for a buyer who is a senior citizen. Civil Code section 1689.5 defines a senior citizen as a person who is 65 or older. A 70-year-old buyer is a senior citizen, so the buyer has five business days. Seven days is the rule for disaster repair contracts, not for seniors.

    Sources

  4. Contract Requirements and Execution

    4. In which situation is a home improvement contractor NOT required to give the buyer the Three-Day Right to Cancel notice?

    • A. The buyer paid the down payment by check
    • B. The total contract price is less than $5,000
    • C. The buyer is a repeat customer who hired the contractor before
    • D. The contract was negotiated at the contractor's place of business
    Show answer

    Correct answer: D

    • A. The buyer paid the down payment by check

      Paying the down payment by check is not an exception, so the contractor must still give the Three-Day Right to Cancel notice.

    • B. The total contract price is less than $5,000

      A price under $5,000 is not an exception. The notice is required unless an exception applies, such as a contract negotiated at the contractor's place of business.

    • C. The buyer is a repeat customer who hired the contractor before

      Being a repeat customer is not an exception, so the contractor must still give the Three-Day Right to Cancel notice.

    • D. The contract was negotiated at the contractor's place of business

      Correct answer

      Section 7159 requires the Three-Day Right to Cancel notice unless an exception applies, and one exception is a contract negotiated at the contractor's place of business.

    Explanation

    Business and Professions Code section 7159 requires the Three-Day Right to Cancel notice unless an exception applies. One exception is a contract negotiated at the contractor's place of business. Paying by check, a price under $5,000, and being a repeat customer are not exceptions. The right to cancel mainly protects buyers who are sold a job at their own home.

    Source

  5. Contract Requirements and Execution

    5. A buyer signs a home improvement contract at home on Monday and gets a signed and dated copy. On Tuesday, the buyer emails a written cancellation to the contractor's email address on the contract. Under Business and Professions Code section 7159, is this a valid way to cancel?

    • A. No, because the notice must be mailed or delivered on paper
    • B. No, because email is allowed only for disaster repair contracts
    • C. Yes, because the buyer may cancel by emailing a written notice
    • D. Yes, but only if the contractor replies to confirm it got the email
    Show answer

    Correct answer: C

    • A. No, because the notice must be mailed or delivered on paper

      Paper is not the only method. Section 7159 lets the buyer cancel by emailing, mailing, faxing, or delivering a written notice.

    • B. No, because email is allowed only for disaster repair contracts

      Email is part of the regular Three-Day Right to Cancel notice, not only the seven-day notice for disaster repairs.

    • C. Yes, because the buyer may cancel by emailing a written notice

      Correct answer

      Correct. The buyer may cancel by emailing a written notice by midnight of the third business day, and the contract must list the contractor's email address for the Notice of Cancellation, so Tuesday's email works.

    • D. Yes, but only if the contractor replies to confirm it got the email

      The law does not make the cancellation depend on a reply from the contractor. Sending the written notice by email in time is enough.

    Explanation

    Business and Professions Code section 7159 says the buyer may cancel by emailing, mailing, faxing, or delivering a written notice to the contractor by midnight of the third business day. The first page of the contract must also show the contractor's email address where the Notice of Cancellation may be sent. So an email sent on Tuesday is a valid cancellation. Paper is not the only method, and email is part of the regular Three-Day Right to Cancel notice, not only the seven-day notice for disaster repairs. The law does not make the cancellation depend on a reply from the contractor.

    Sources