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This entry was published on 2014-09-22
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SECTION 395
Required disclosure of prior use
General Business (GBS) CHAPTER 20, ARTICLE 26
§ 395. Required disclosure of prior use. 1. Whenever any person, firm,
corporation or association engaged in the business of retailing
merchandise to the public, or agent, employee or sales representative
thereof shall offer used, rebuilt, reconditioned or repossessed
television or radio receiving sets, phonographs, or major household
appliances, for sale to the public, the seller shall affix to such
merchandise offered for sale a tag or sticker which shall state as
appropriate that such merchandise has been used, rebuilt, reconditioned,
repossessed, or rebranded and used. If such merchandise is offered for
sale to the public by any means of advertisement, announcement, card,
sign, label, tag or other means of communication, the said
advertisement, announcement, card, sign, laber, tag or other means of
communication must also contain in the description of such merchandise
the appropriate word or words of the following: used, rebuilt,
reconditioned, repossessed, or rebranded and used. Nothing in this
section shall be construed to apply to merchandise sold as antique goods
and so advertised or described, jewelry, imported oriental rugs, floor
samples, nor to any merchandise returned by a retail customer the cash
sales price for which is canceled or refunded or fully credited.

2. A violation of this section with the intent to deceive a
prospective or potential purchaser of such merchandise shall constitute
a misdemeanor.

3. Proof that any person, firm, corporation or association engaged in
the business of retailing merchandise to the public, or agent, employee
or sales representative thereof who has offered such merchandise for
sale to the public has failed to comply with subdivision one of this
section shall be presumptive evidence of the intent to deceive mentioned
in subdivision two of this section.

4. Upon a showing by the attorney general in an application for an
injunction that any person, firm, corporation or association engaged in
the business of retailing merchandise to the public, or agent, employee
or sales representative thereof who has offered such merchandise for
sale to the public has failed to comply with subdivision one of this
section, the supreme court after a hearing may issue a permanent
injunction enjoining and restraining such action or violation, without
requiring proof that any person has, in fact, been misled or deceived or
otherwise damaged thereby.