§476-20 - Referral sales.
§476-20 Referral sales. Any sale of
goods, services, or both, subject to this chapter, in which part of the
inducement offered by the seller is a rebate, discount, commission, or other
consideration exceeding forty per cent of the total sale price to be given the
buyer when the buyer either sells, or gives information leading to a sale by
the seller, of the same or related goods, services, or both, whether the
inducement was written or oral, may be canceled by the buyer within fifteen
business days after the date the contract is signed by the parties.
Upon cancellation the buyer shall have the
right to receive immediate refund of all payments made and redelivery of all
goods traded in to the seller on account of or in contemplation of the
contract.
When the seller or holder has returned all
money or property given by the buyer in the transaction, the buyer shall tender
the goods to the seller or, where the latter would be impracticable or
inequitable or the seller has performed services for the buyer, the buyer shall
tender to the seller the reasonable value of the goods or services. At the
buyer's option, tender of goods may be made at the location of the goods or at
the buyer's residence. Tender of money shall be made at the designated place
of business of the seller or holder. If the seller or holder does not take
possession of the money or property within twenty calendar days after the
buyer's tender, the buyer may keep it without further obligation.
In the alternative, if the buyer does not
exercise the right to cancel a referral sale, the buyer shall have with respect
thereto the remedies provided in section 476-21. [L 1984, c 86, pt of §1]