A Home Improvement Salesperson sells a $15,000 roofing contract. The salesperson's registration expires during the 3-day cancellation period. What is the legal status of the contract?
Correct Answer
B) Contract is void and unenforceable
Contracts sold by unregistered salespersons are void and unenforceable under B&P Code Section 7153.2. The registration must be current when the sale is made.
Why This Is the Correct Answer
Under B&P Code Section 7153.2, a home improvement contract is void and unenforceable if sold by an unregistered Home Improvement Salesperson. Registration must be current at the time of sale. If the registration expires during the 3-day cancellation period, the sale was valid when made, but once the registration lapses, the legal status of the contract becomes void and unenforceable.
Why the Other Options Are Wrong
Option A: Contract is valid and enforceable
The contract is not valid and enforceable because the salesperson's registration lapsed. California law strictly requires active registration throughout the sales process. An expired registration renders the contract unenforceable.
Option C: Contract requires re-signing with new salesperson
There is no provision requiring re-signing with a new salesperson to salvage a void contract. Once voided by the lapse in registration, the contract cannot be cured by substituting another salesperson.
Option D: Contract is valid if customer doesn't cancel
The homeowner's decision not to cancel does not validate a contract sold by an unregistered salesperson. The law does not allow this cure β the contract's enforceability depends on the salesperson's registration status, not the customer's choice.
Memory Technique
Think: 'No active badge, no valid contract.' The registration is like a badge β if it expires mid-transaction, the deal is off. The 3-day period is there to protect consumers, but an expired registration voids the contract independently.
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