Legal Question in Real Estate Law in California

Notice Of Rescission

Please explain to me what is a notice of rescission..


Asked on 7/08/04, 6:09 pm

2 Answers from Attorneys

Larry Rothman Larry Rothman & Associates

Re: Notice Of Rescission

It means cancellation or attempt to cancell, normally a contract. Please contact my office at 714 363 0220 to set up an appointment. I would like to review your written documentation including any letters, notices, and lawsuits. We handle cases throughout California. We can review your documentation by fax and speak with you by phone.

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Answered on 7/31/04, 9:50 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Notice Of Rescission

Rescission means the termination of a contract by one or more of the parties for a permissible reason. The verb is "to rescind." A notice of rescission is a notice, probably in writing, by a party electing to exercise his/her/its right to rescind, and is usually just sent or given to the non-rescinding party or parties, but it may also be contained in a lawsuit seeking other remedies such as damages.

The right to rescind within a certain time period after making a contract is given by statute to consumers with respect to certain types of contracts, in connection with what is sometimes called a "cooling off period." Many door-to-door sales contracts are subject to rescission, for example.

See Civil Code sections 1688-1693 for some statutes relating to rescission.

Note that nearly any contract can be rescinded under certain conditions, such as when the subject matter becomes illegal, where there is a "failure of consideration," a mutual mistake, or other reasons.

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Answered on 7/11/04, 3:07 am


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