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HomeFinancial CodeDiv. 2Ch. 1Art. 3§ 5204 Partial Contract Invalidity

§ 5204 Partial Contract Invalidity

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

§ 5204 Partial Contract Invalidity

Key Takeaways

  • •If part of a contract breaks the rules, only that part is canceled, not the whole thing.
  • •Breaking the rules doesn’t automatically make the whole contract or agreement invalid.
  • •If you follow the commissioner’s rules in good faith, you won’t get in trouble even if the rules change later.

Example

You sign a loan agreement with a bank, but one small part of it charges extra fees that aren’t allowed.

Only the part about the extra fees gets canceled, not the whole loan. You still have to pay back the loan, just without those fees.

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

Official Source
View on CA.gov

§ 5204 Partial Contract Invalidity

(a) Wherever it is stated in this division that an agreement or contract contrary to any of the division’s provisions is void, the statement is limited to the particular portion of the agreement or contract that is contrary to the provision, and the entire agreement or contract is not void unless the particular part is not a separable portion. Unless expressly so provided by the commissioner, the violation of any provision of this division does not render invalid any agreement, contract, stock, savings account, note, trust deed, mortgage, or other instrument. (b) No provision of this division imposing any liability, either civil or criminal, applies to any act done or omitted in good faith in conformity with any rule, regulation, approval, consent, order, direction, or other act of the commissioner, even if the rule, regulation, approval, consent, order, direction, or other act of the commissioner is amended, rescinded, or determined invalid by judicial or other authority, after the act or omission. (Amended by Stats. 1985, Ch. 983, Sec. 1.78. Effective September 26, 1985.)

Last verified: January 23, 2026

Key Terms

agreementregulationliabilitycommissioncontractdeedmortgageport

Related Statutes

  • § 100002 Debt Collection Definitions
  • § 22104 Finance Lender Net Worth
  • § 22105.2 Mortgage Licensing System Participation
  • § 22105.3 Mortgage License Privacy Protections
  • § 5203 Existing Association Governance Rules

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Financial Code. Section 5204.
View Official Source