Section 1793.11 Of Article 7. Offenses And Penalties From California Health And Safety Code >> Division 2. >> Chapter 10. >> Article 7.
1793.11
. (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.
(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.