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HomeCivil CodeDiv. 3Pt. 1Ch. 4§ 1449 Selection Notice Deadline

§ 1449 Selection Notice Deadline

Civil Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 1449 Selection Notice Deadline

This law says that if someone has the right to pick between two options but doesn't tell the other person which one they chose in time, then the other person gets to make that choice instead.

Key Takeaways

  • •You must give notice of your choice by the deadline or before it's time to act.
  • •If you miss that deadline, the other party can choose for you.
  • •If no deadline was set, you still need to notify them before it's time to perform.

Example

A tenant can choose to repair a broken heater themselves or have the landlord pay for a repair, but must let the landlord know which they will do within the time given.

If the tenant doesn't tell the landlord which option they pick before the deadline, the landlord can decide for the tenant and handle the repair.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 1449 Selection Notice Deadline

If the party having the right of selection between alternative acts does not give notice of his selection to the other party within the time, if any, fixed by the obligation for that purpose, or, if none is so fixed, before the time at which the obligation ought to be performed, the right of selection passes to the other party. (Enacted 1872.)

Last verified: January 9, 2026

Key Terms

right of selectionalternative actsnoticeobligation

Related Statutes

  • § 1448 Alternative Performance Rights
  • § 1450 Alternative Act Selection Rule
  • § 1451 Unenforceable Alternative Obligations
  • § 1522 Accord Execution Obligation
  • § 1523 Accord And Satisfaction

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Civil Code. Section 1449.
View Official Source