Sec. 42-138. Seller's obligations on cancellation.
Sec. 42-138. Seller's obligations on cancellation. (a) Except as provided in this
section, within ten business days after a home solicitation sale has been cancelled the
seller shall tender to the buyer any payments made by the buyer and any note or other
evidence of indebtedness.
(b) If the down payment includes goods traded in, the goods shall be tendered in
substantially as good condition as when received. If the seller fails to tender the goods
as provided by this section, the buyer may elect to recover an amount equal to the trade-in allowance stated in the agreement.
(c) Until the seller has complied with the obligations imposed by this section the
buyer may retain possession of goods delivered to him by the seller and has a lien on
the goods for any recovery to which he is entitled.
(1967, P.A. 749, S. 4; P.A. 76-165, S. 4, 8.)
History: P.A. 76-165 deleted former Subsec. (c) which had allowed seller to retain cancellation fee consisting of the
lesser of 5% of cash price, $15 or amount of cash down payment and had specified situations in which seller was not
allowed to retain the fee, relettering Subsec. (d) accordingly.
Cited. 6 Conn. Cir. Ct. 745.