State of California California Department of Consumer Affairs

Lay-Away Policy

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Latest revision as of 17:00, 14 March 2011

941-Small Claims-Civil Issues

LAY-AWAY POLICY

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California Layaway Practices Act - (Civil Code §§ 1749-1749.4)

Layaway means an agreement by a retail seller with a consumer to keep goods for sale which the consumer has placed an agreed upon amount for a deposit, and contains other agreed upon terms.



This law requires any retail seller who makes a layaway agreement to explain the terms in writing to the buyer. This shall include:

  • Amount of deposit received
  • Length of time the goods will be held
  • Specific description of the goods
  • Total purchase price including a listing of handling or processing charges
  • Any other terms and conditions of the layaway agreement
  • A statement that the seller will refund any deposit or payments made if before the end of the stated layaway period, the goods have for any reason become no longer available in the same condition as at the time of the sale



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