California Health and Safety Code 1793.11 – (a) Any transfer of money or property, pursuant to a continuing …
(a) Any transfer of money or property, pursuant to a continuing care contract found by the department to be executed in violation of this chapter, is voidable at the option of the resident or transferor for a period of 90 days from the execution of the transfer.
(b) Any deed or other instrument of conveyance shall contain a recital that the transaction is made pursuant to rescission by the resident or transferor within 90 days from the date of first occupancy.
Terms Used In California Health and Safety Code 1793.11
- Contract: A legal written agreement that becomes binding when signed.
- County: includes city and county. See California Health and Safety Code 14
- Deed: The legal instrument used to transfer title in real property from one person to another.
- department: means State Department of Health Services. See California Health and Safety Code 20
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
(c) No action may be brought for the reasonable value of any services rendered between the date of transfer and the date the resident disaffirms the continuing care contract.
(d) With respect to real property, the right of disaffirmance or rescission is conclusively presumed to have terminated if a notice of intent to rescind is not recorded with the county recorder of the county in which the real property is located within 90 days from the date of first occupancy of the residential living unit.
(e) A transfer of money or property, real or personal, to anyone pursuant to a continuing care contract that was not approved by the department is voidable at the option of the department or transferor or his or her assigns or agents.
(f) A transaction determined by the department to be in violation of this chapter is voidable at the option of the resident or his or her assignees or agents.
(Amended by Stats. 2000, Ch. 820, Sec. 63. Effective January 1, 2001.)