SECTIONS 7190-7191 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 7190-7191

7190. (a) The name or position of a public official may not be used
in an advertisement or any promotional material by a person licensed
under this chapter, without the written authorization of the public
official. A printed advertisement or promotional material that uses
the name or position of a public official with that public official's
written authorization, shall also include a disclaimer in at least
10-point roman boldface type, that shall be in a color or print which
contrasts with the background so as to be easily legible, and set
apart from any other printed matter. The disclaimer shall consist of
a statement that reads "The name of (specify name of public official)
does not imply that (specify name of public official) endorses this
product or service in (his or her) official capacity and does not
imply an endorsement by any governmental entity." If the
advertisement is broadcast, this statement shall be read in a clearly
audible tone of voice.
(b) For purposes of this section, "public official" means a
member, officer, employee, or consultant of a local government
agency, as defined in Section 82041 of the Government Code, or state
agency, as defined in Section 82049 of the Government Code.

7191. (a) If a contract for work on residential property with four
or fewer units contains a provision for arbitration of a dispute
between the principals in the transaction, the provision shall be
clearly titled "ARBITRATION OF DISPUTES."
If a provision for arbitration is included in a printed contract,
it shall be set out in at least 10-point roman boldface type or in
contrasting red print in at least 8-point roman boldface type, and if
the provision is included in a typed contract, it shall be set out
in capital letters.
(b) Immediately before the line or space provided for the parties
to indicate their assent or nonassent to the arbitration provision
described in subdivision (a), and immediately following that
arbitration provision, the following shall appear:

"NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE
ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE "ARBITRATION
OF DISPUTES' PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY
CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO
HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN
THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY
AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE
"ARBITRATION OF DISPUTES' PROVISION. IF YOU REFUSE TO SUBMIT TO
ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO
ARBITRATE UNDER THE AUTHORITY OF THE BUSINESS AND PROFESSIONS CODE
OR OTHER APPLICABLE LAWS. YOUR AGREEMENT TO THIS ARBITRATION
PROVISION IS VOLUNTARY." "WE HAVE READ AND UNDERSTAND THE FOREGOING
AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN
THE "ARBITRATION OF DISPUTES' PROVISION TO NEUTRAL ARBITRATION."

If the above provision is included in a printed contract, it shall
be set out either in at least 10-point roman boldface type or in
contrasting red print in at least 8-point roman boldface type, and if
the provision is included in a typed contract, it shall be set out
in capital letters.
(c) A provision for arbitration of a dispute between a principal
in a contract for work on a residential property with four or fewer
units that does not comply with this section may not be enforceable
against any person other than the licensee.
(d) This section does not limit the board's authority to
investigate complaints or to discipline a licensee for violations of
this code.