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This entry was published on 2014-09-22
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SECTION 428
Form of notice; statement of buyer's rights
Personal Property (PEP) CHAPTER 41, ARTICLE 10-A
§ 428. Form of notice; statement of buyer's rights. 1. In a
door-to-door sale, the seller shall furnish to the buyer

(a) a fully completed receipt or copy of any contract pertaining to
such sale at the time of its execution, which is in the same language,
e.g. Spanish, as that principally used in the oral sales presentation
and which shows the date of the transaction and contains the name and
address of the seller, and in immediate proximity to the space reserved
in the contract for the signature of the buyer or on the front page of
the receipt if a contract is not used and in not less than ten-point
bold face type, a statement in substantially the following form:

"YOU, THE BUYER, MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO
MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION.
SEE THE ATTACHED NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS
RIGHT."

(b) at the time the buyer signs the door-to-door sales contract or
otherwise agrees to buy consumer goods or services from the seller, a
completed form in duplicate, captioned "NOTICE OF CANCELLATION", which
shall be attached to the contract or receipt and easily detachable, and
which shall contain in not less than ten-point bold face type the
following information and statements in the same language, e.g. Spanish,
as that used in the contract:

NOTICE OF CANCELLATION
(enter date of transaction) _________________________________________
(Date)

YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR OBLIGATION,
WITHIN THREE BUSINESS DAYS FROM THE ABOVE DATE.

IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENTS MADE BY YOU UNDER
THE CONTRACT OR SALE, AND ANY NEGOTIABLE INSTRUMENT EXECUTED BY YOU WILL
BE RETURNED WITHIN 10 BUSINESS DAYS FOLLOWING RECEIPT BY THE SELLER OF
YOUR CANCELLATION NOTICE, AND ANY SECURITY INTEREST ARISING OUT OF THE
TRANSACTION WILL BE CANCELLED.

IF YOU CANCEL, YOU MUST MAKE AVAILABLE TO THE SELLER AT YOUR
RESIDENCE, IN SUBSTANTIALLY AS GOOD CONDITION AS WHEN RECEIVED, ANY
GOODS DELIVERED TO YOU UNDER THIS CONTRACT OR SALE; OR YOU MAY IF YOU
WISH, COMPLY WITH THE INSTRUCTIONS OF THE SELLER REGARDING THE RETURN
SHIPMENT OF THE GOODS AT THE SELLER'S EXPENSE AND RISK.

IF YOU DO MAKE THE GOODS AVAILABLE TO THE SELLER AND THE SELLER DOES
NOT PICK THEM UP WITHIN TWENTY DAYS OF THE DATE OF YOUR NOTICE OF
CANCELLATION, YOU MAY RETAIN OR DISPOSE OF THE GOODS WITHOUT ANY FURTHER
OBLIGATION. IF YOU FAIL TO MAKE THE GOODS AVAILABLE TO THE SELLER, OR IF
YOU AGREE TO RETURN THE GOODS TO THE SELLER AND FAIL TO DO SO, THEN YOU
REMAIN LIABLE FOR PERFORMANCE OF ALL OBLIGATIONS UNDER THE CONTRACT.

TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND DATED COPY OF
THIS CANCELLATION NOTICE OR ANY OTHER WRITTEN NOTICE, OR SEND A
TELEGRAM, TO
(Name of Seller), AT Address of Seller

__________________ _________________________________

(Place of Business) NOT LATER THAN MIDNIGHT OF

__________________ __________________

(Date)

I HEREBY CANCEL THIS TRANSACTION.

_________________

(Date)

______________________________ (Buyer's Signature)

and the seller shall complete both copies by entering the name of the
seller, the address of the seller's place of business, the date of the
transaction, and the date, not earlier than the third business day
following the date of the transaction, by which the buyer may give
notice of cancellation.

2. In a door-to-door sale, the seller shall inform each buyer orally,
at the time he signs the contract or purchases the goods or services, of
his right to cancel. Until the seller has complied with this section,
the buyer or any other person obligated for any part of the purchase
price may cancel the door-to-door sale by notifying the seller in any
manner and by any means of his intention to cancel. The period
prescribed by subdivision one of section four hundred twenty-seven shall
begin to run from the time the seller complies with this section.

3. A door-to-door sales contract or receipt shall not include any
confession of judgment or any waiver of any of the rights to which the
buyer is entitled under this article including specifically his right to
cancel the sale in accordance with the provisions of this article.

4. A door-to-door sales contract or receipt shall disclose
conspicuously the seller's refund policy as to all goods, wares or
merchandise subject to the door-to-door sales agreement. If the seller
fails to disclose conspicuously the applicable refund policy, then the
seller shall be liable to the buyer for a cash refund of the total price
or a credit of the total price, at the buyer's option, provided that
within twenty days from the date of delivery of the purchased item or
items, the buyer makes a demand therefor and provided that the
merchandise is in substantially as good condition as when received by
the buyer. In no event shall this subdivision be deemed to supercede a
refund policy of a seller which allows return of merchandise more than
twenty days after the date of delivery of the purchased item or items.
The amount paid by the buyer to the seller shall be refunded or
credited, as the case may be, within ten business days from the date of
return of the seller's merchandise in substantially as good condition as
when received by the buyer.

5. This section does not relieve any person, firm, corporation or
association subject to the provisions of this section from complying
with any other applicable law, ordinance, rule or regulation relating to
refund policies which affords the buyer greater protection than do the
provisions of this section.