SECTIONS 1804.1-1804.4

1804.1.  No contract or obligation shall contain any provision bywhich: (a) The buyer agrees not to assert against a seller a claim ordefense arising out of the sale or agrees not to assert against anassignee such a claim or defense other than as provided in Section1804.2. (b) In the absence of the buyer's default in the performance ofany of his or her obligations, the holder may accelerate the maturityof any part or all of the amount owing thereunder. (c) A power of attorney is given to confess judgment in thisstate, or an assignment of wages is given; provided, that nothingherein contained shall prohibit the giving of an assignment of wagescontained in a separate instrument, executed pursuant to Section 300of the Labor Code. (d) The seller or holder of the contract or other person acting onhis or her behalf is given authority to enter upon the buyer'spremises unlawfully or to commit any breach of the peace in therepossession of goods. (e) The buyer waives any right of action against the seller orholder of the contract or other person acting on his or her behalf,for any illegal act committed in the collection of payments under thecontract or in the repossession of goods. (f) The buyer executes a power of attorney appointing the selleror holder of the contract, or other person acting on his or herbehalf, as the buyer's agent in collection of payments under thecontract or in the repossession of goods. (g) The buyer relieves the seller from liability for any legalremedies which the buyer may have against the seller under thecontract or any separate instrument executed in connection therewith. (h) The buyer agrees to the payment of any charge by reason of theexercise of his or her right to rescind or void the contract. (i) The seller or holder of the contract is given the right tocommence an action on a contract under the provisions of this chapterin a county other than the county in which the contract was in factsigned by the buyer, the county in which the buyer resides at thecommencement of the action, the county in which the buyer resided atthe time that the contract was entered into, or in the county inwhich the goods purchased pursuant to the contract have been soaffixed to real property as to become a part of such real property. (j) The seller takes a security interest, other than a mechanics'lien, in the buyer's real property which is the buyer's primaryresidence where the buyer is a person who is 65 years of age or olderand the contract is for a home improvement, as defined in Section7151.2 of the Business and Professions Code.1804.2.  (a) An assignee of the seller's rights is subject to allequities and defenses of the buyer against the seller arising out ofthe sale, notwithstanding an agreement to the contrary, but theassignee's liability may not exceed the amount of the debt owing tothe assignee at the time of the assignment. (b) The assignee shall have recourse against the seller to theextent of any liability incurred by the assignee pursuant to thissection regardless of whether the assignment was with or withoutrecourse.1804.3.  (a) No contract other than one for services shall providefor a security interest in any goods theretofore fully paid for orwhich have not been sold by the seller. (b) Any contract for goods which provides for a security interestin real property where the primary goods sold are not to be attachedto the real property shall be a violation of this chapter and subjectto the penalties set forth in Article 12.2 (commencing with Section1812.6). (c) This section shall become operative October 1, 1982.1804.4.  Any provision in a contract which is prohibited by thischapter shall be void but shall not otherwise affect the validity ofthe contract.