Segura v. McBride

Opinion

ANDERSON, P. J.

This appeal raises first impression questions concerning the class of persons regulated pursuant to Civil Code 1 section 1695 et seq. (hereafter the Home Equity Sales Contract Act, or Act), as well as the measure of damages available thereunder. We hold that except for certain persons specifically exempted from regulation, the Act applies to all persons who purchase a residence subject to an outstanding notice of default, regardless of whether the purchaser routinely engages in such transactions, and regardless of whether the distressed buyer initiates the negotiations.…