§ 6-28-4 - Notices required on agreement and at time of sale – Cancellation – Return of deposit – Damages.
SECTION 6-28-4
§ 6-28-4 Notices required on agreement andat time of sale – Cancellation – Return of deposit – Damages.– (a) No agreement of the buyer in a door-to-door sale shall be effective unlessit is signed and dated by the buyer and unless it contains the following in ten(10) point) bold face type or larger directly above the space reserved in theagreement for the signature of the buyer:
Notice to buyer: (1) Do not sign this agreement if any of thespaces intended for the agreed terms to the extent of then availableinformation are left blank. (2) You are entitled to a copy of this agreement atthe time you sign it. (3) You may at any time pay off the full unpaid balancedue under this agreement, and in so doing you may be entitled to receive apartial rebate of the finance and insurance charges. (4) The seller has noright to unlawfully enter your premises or commit any breach of the peace torepossess goods purchased under this agreement. (5) You may cancel thisagreement if it has not been signed at the main office or a branch office ofthe seller, provided you notify the seller at his or her main office or branchoffice shown in the agreement by registered or certified mail, which shall beposted not later than midnight of the third calendar day after the day on whichthe buyer signs the agreement, excluding Sunday and any holiday on whichregular mail deliveries are not made. See the attached notice of cancellationform for an explanation of buyer's rights.
(b) The seller may select the method of providing the buyerwith the duplicate notice of cancellation form set forth in subsection (a) ofthis section, provided however, that in the event of cancellation the buyermust be able to retain a complete copy of the agreement. Furthermore, if bothforms are not attached to the agreement, the seller is required to alter thelast sentence in the statement above to conform to the actual location of theforms.
(c) Additionally, the seller shall at the time of the salegive notice to the buyer of all the buyer's rights that substantially complieswith this chapter. The notice must:
(1) Appear in the agreement under the conspicuous caption:"Notice of Cancellation;" and
(2) Read as follows:
. . . (date of transaction) "You may cancelthis transaction, without any penalty or obligation, within three (3) businessdays from the above date. If you cancel, your cancellation notice must statethat you do not wish to be bound by the agreement and mailed by registered orcertified mail not later than midnight three (3) days following the buyer'ssigning the agreement, excluding Sunday and any holiday on which regular maildeliveries are not made. All cancellations must be mailed to:
(insert name and address of the seller)."
(d) Whenever the agreement fails to conform to the provisionsof this section and the buyer or his or her agent has notified the seller ofhis or her intent to cancel the agreement by registered mail, return receiptrequested, the seller shall within twenty (20) days return any deposit made bythe buyer. Failure to return any deposit shall enable the buyer to recover fromthe seller double damages in any subsequent legal proceeding.