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This entry was published on 2015-09-04
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SECTION 443
Form of notice; statement of buyer's rights
Personal Property (PEP) CHAPTER 41, ARTICLE 10-B
§ 443. Form of notice; statement of buyer's rights. 1. In a telephone
sale, the seller shall furnish to the buyer, in the same language as
that principally used in the sales presentation, a written notice, which
shall contain in not less than ten-point boldface type, a statement in
substantially the following form:

"You, the buyer, may cancel this transaction without any penalty or
obligation at any time prior to midnight of the third business day after
receipt of this notice. If you cancel, any payments made by you under
the sale will be credited to your charge account within ten business
days following receipt by the seller of your written notice of
cancellation 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 of sale; or you may, if you
wish, comply with the instruction 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 written notice of
cancellation, or send a telegram to (name of seller) at the following
address (address of seller)".

2. Until the seller has informed the buyer of his right to cancel and
has complied with the provisions of this article, the buyer or any other
person obligated for any part of the purchase price may cancel the
telephone sale by notifying the seller in any manner and by any means of
his intention to cancel. The period prescribed by subdivision one of
this section shall begin to run from the time the seller complies with
the provisions of this article.

3. Pursuant to subdivision one of this section, the seller is required
to furnish the buyer with the seller's name, and the name of the person
to whom any notice of cancellation is to be given if different from the
seller's name, the legal name of the company for whom the seller is
soliciting, the seller's street address and the seller's phone number.
The seller is additionally required to furnish the buyer with the date
of the telephone sale and a description of the telephone sale.