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§4.08 Professional and Occupational Licensing—License Required

 
Lesson 4:
Home Repair & Licensing

Many professions in California are regulated by the state and require a license (or other permit, registration, certificate, or authorization) to practice, e.g., building contractors [B&PC §7031], auto repair dealers [B&PC §9884.16], and electronic and appliance repair dealers [B&PC §9852].

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The licensing laws are for the protection of the public, and it is presumed that the person performing the services is aware of the licensing requirement. An individual who is contracting with the unlicensed person cannot waive the requirement of the license.

An unlicensed person may not recover compensation for services that require a license without alleging and proving that he or she was duly licensed at all times during the performance of that act or contract. [B&PC §143(a).] The doctrine of substantial compliance does not apply to assist potential plaintiffs who cannot prove all elements of licensed status at the required times. [B&PC §143(b).]

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