§481C-2  Deceptive trade practice.  In
connection with any door-to-door sale, it constitutes an unfair or deceptive
act or practice for the seller to:



(1)  Fail to furnish the buyer with 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 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 which gives a description of the goods,
including make, model, and identification number or marks, if any, 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
bold face type of a minimum size of ten points, 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.



(2)  Fail to furnish each buyer, at the time the buyer
signs the door-to-door sales contract or otherwise agrees to buy 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 ten-point bold face type the
following information and statements in the same language 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 PAYMENT MADE BY YOU UNDER THE CONTRACT OR SALE, AND ANY
NEGOTIABLE INSTRUMENT EXECUTED BY YOU WILL BE RETURNED WITHIN TEN 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's place of business)        
NOT LATER THAN MIDNIGHT OF                     .



(Date)



 



I HEREBY CANCEL THIS TRANSACTION.



 



 



__________________



(Date)



 



 



______________________________________



(Buyer's signature)



 



(3)  Fail, before furnishing copies of the
"Notice of Cancellation" to the buyer, to 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.



(4)  Include in any door-to-door contract or receipt
any confession of judgment or any waiver of any of the rights to which the
buyer is entitled under this chapter including specifically the buyer's right
to cancel the sale in accordance with the provisions of this chapter.



(5)  Fail to inform each buyer orally, at the time the
buyer signs the contract or purchases the goods or services, of the buyer's
right to cancel.



(6)  Misrepresent in any manner the buyer's right to
cancel.



(7)  Fail or refuse to honor any valid notice of
cancellation by a buyer and within ten business days after the receipt of such
notice, to (A) refund all payments made under the contract or sale; (B) return
any goods or property traded in, in substantially as good condition as when
received by the seller; (C) cancel and return any negotiable instrument
executed by the buyer in connection with the contract or sale and take any
action necessary or appropriate to terminate promptly any security interest
created in the transaction.



(8)  Negotiate, transfer, sell, or assign any note or
other evidence of indebtedness to a finance company or other third party prior
to midnight of the fifth business day following the day the contract was signed
or the goods or services were purchased.



(9)  Fail, within ten business days of receipt of the
buyer's notice of cancellation, to notify the buyer whether the seller intends
to repossess or to abandon any shipped or delivered goods.



(10)  Fail, if the seller's services result in the
alteration of the property of the buyer, to restore the property to
substantially as good condition as it was prior to the time the services were
rendered. [L 1976, c 32, pt of §5; gen ch 1985]