1. Contract required. When merchandise is sold or contracted to be sold, whether under a single contract or under multiple contracts, to a consumer as a result of or in connection with a seller's direct contact accomplished by means of and including, but not limited to, a personal visit or a telephone call upon the consumer, other than at the seller's place of business, without the consumer soliciting the initial contact, the contract must:
A. Be in writing; [2003, c. 452, Pt. R, §6 (NEW); 2003, c. 452, Pt. X, §2 (AFF).]
B. Bear the signature of the seller and the consumer; [2003, c. 452, Pt. R, §6 (NEW); 2003, c. 452, Pt. X, §2 (AFF).]
C. Contain the date of the transaction; [2003, c. 452, Pt. R, §6 (NEW); 2003, c. 452, Pt. X, §2 (AFF).]
D. Contain the terms of the sale or offer; [2003, c. 452, Pt. R, §6 (NEW); 2003, c. 452, Pt. X, §2 (AFF).]
E. Contain the name and the mailing address of the seller's permanent place of business; [2003, c. 452, Pt. R, §6 (NEW); 2003, c. 452, Pt. X, §2 (AFF).]
F. Contain a statement of the consumer's right to avoid as provided in this subchapter; and [2003, c. 452, Pt. R, §6 (NEW); 2003, c. 452, Pt. X, §2 (AFF).]
G. Contain a statement of the limitation contained in section 4664-A. [2003, c. 452, Pt. R, §6 (NEW); 2003, c. 452, Pt. X, §2 (AFF).]
The seller shall furnish a completely executed copy of the contract or agreement to the consumer immediately after the consumer signs the agreement or contract.
[ 2003, c. 452, Pt. R, §6 (NEW); 2003, c. 452, Pt. X, §2 (AFF) .]
2. Penalty. The following penalties apply to violations of this section.
A. A seller who violates this section commits a Class E crime, which is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A. [2003, c. 452, Pt. R, §6 (NEW); 2003, c. 452, Pt. X, §2 (AFF).]
B. A seller who intentionally violates this section commits a Class D crime. [2003, c. 452, Pt. R, §6 (NEW); 2003, c. 452, Pt. X, §2 (AFF).]
[ 2003, c. 452, Pt. R, §6 (NEW); 2003, c. 452, Pt. X, §2 (AFF) .]
SECTION HISTORY
1969, c. 395, (NEW). 1977, c. 331, (RPR). 1981, c. 187, §3 (AMD). 1987, c. 202, §2 (AMD). 2003, c. 452, §R6 (RPR). 2003, c. 452, §X2 (AFF).
1. Contract required. When merchandise is sold or contracted to be sold, whether under a single contract or under multiple contracts, to a consumer as a result of or in connection with a seller's direct contact accomplished by means of and including, but not limited to, a personal visit or a telephone call upon the consumer, other than at the seller's place of business, without the consumer soliciting the initial contact, the contract must:
A. Be in writing; [2003, c. 452, Pt. R, §6 (NEW); 2003, c. 452, Pt. X, §2 (AFF).]
B. Bear the signature of the seller and the consumer; [2003, c. 452, Pt. R, §6 (NEW); 2003, c. 452, Pt. X, §2 (AFF).]
C. Contain the date of the transaction; [2003, c. 452, Pt. R, §6 (NEW); 2003, c. 452, Pt. X, §2 (AFF).]
D. Contain the terms of the sale or offer; [2003, c. 452, Pt. R, §6 (NEW); 2003, c. 452, Pt. X, §2 (AFF).]
E. Contain the name and the mailing address of the seller's permanent place of business; [2003, c. 452, Pt. R, §6 (NEW); 2003, c. 452, Pt. X, §2 (AFF).]
F. Contain a statement of the consumer's right to avoid as provided in this subchapter; and [2003, c. 452, Pt. R, §6 (NEW); 2003, c. 452, Pt. X, §2 (AFF).]
G. Contain a statement of the limitation contained in section 4664-A. [2003, c. 452, Pt. R, §6 (NEW); 2003, c. 452, Pt. X, §2 (AFF).]
The seller shall furnish a completely executed copy of the contract or agreement to the consumer immediately after the consumer signs the agreement or contract.
[ 2003, c. 452, Pt. R, §6 (NEW); 2003, c. 452, Pt. X, §2 (AFF) .]
2. Penalty. The following penalties apply to violations of this section.
A. A seller who violates this section commits a Class E crime, which is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A. [2003, c. 452, Pt. R, §6 (NEW); 2003, c. 452, Pt. X, §2 (AFF).]
B. A seller who intentionally violates this section commits a Class D crime. [2003, c. 452, Pt. R, §6 (NEW); 2003, c. 452, Pt. X, §2 (AFF).]
[ 2003, c. 452, Pt. R, §6 (NEW); 2003, c. 452, Pt. X, §2 (AFF) .]
SECTION HISTORY
1969, c. 395, (NEW). 1977, c. 331, (RPR). 1981, c. 187, §3 (AMD). 1987, c. 202, §2 (AMD). 2003, c. 452, §R6 (RPR). 2003, c. 452, §X2 (AFF).
1. Contract required. When merchandise is sold or contracted to be sold, whether under a single contract or under multiple contracts, to a consumer as a result of or in connection with a seller's direct contact accomplished by means of and including, but not limited to, a personal visit or a telephone call upon the consumer, other than at the seller's place of business, without the consumer soliciting the initial contact, the contract must:
A. Be in writing; [2003, c. 452, Pt. R, §6 (NEW); 2003, c. 452, Pt. X, §2 (AFF).]
B. Bear the signature of the seller and the consumer; [2003, c. 452, Pt. R, §6 (NEW); 2003, c. 452, Pt. X, §2 (AFF).]
C. Contain the date of the transaction; [2003, c. 452, Pt. R, §6 (NEW); 2003, c. 452, Pt. X, §2 (AFF).]
D. Contain the terms of the sale or offer; [2003, c. 452, Pt. R, §6 (NEW); 2003, c. 452, Pt. X, §2 (AFF).]
E. Contain the name and the mailing address of the seller's permanent place of business; [2003, c. 452, Pt. R, §6 (NEW); 2003, c. 452, Pt. X, §2 (AFF).]
F. Contain a statement of the consumer's right to avoid as provided in this subchapter; and [2003, c. 452, Pt. R, §6 (NEW); 2003, c. 452, Pt. X, §2 (AFF).]
G. Contain a statement of the limitation contained in section 4664-A. [2003, c. 452, Pt. R, §6 (NEW); 2003, c. 452, Pt. X, §2 (AFF).]
The seller shall furnish a completely executed copy of the contract or agreement to the consumer immediately after the consumer signs the agreement or contract.
[ 2003, c. 452, Pt. R, §6 (NEW); 2003, c. 452, Pt. X, §2 (AFF) .]
2. Penalty. The following penalties apply to violations of this section.
A. A seller who violates this section commits a Class E crime, which is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A. [2003, c. 452, Pt. R, §6 (NEW); 2003, c. 452, Pt. X, §2 (AFF).]
B. A seller who intentionally violates this section commits a Class D crime. [2003, c. 452, Pt. R, §6 (NEW); 2003, c. 452, Pt. X, §2 (AFF).]
[ 2003, c. 452, Pt. R, §6 (NEW); 2003, c. 452, Pt. X, §2 (AFF) .]
SECTION HISTORY
1969, c. 395, (NEW). 1977, c. 331, (RPR). 1981, c. 187, §3 (AMD). 1987, c. 202, §2 (AMD). 2003, c. 452, §R6 (RPR). 2003, c. 452, §X2 (AFF).
