Marvin Mandel, Governor 1681
(b) (2) If the down payment includes goods traded in, the goods
must be tendered in substantially as good condition as when received
by the seller. 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) (3) The seller may retain as a cancellation fee 5 per cent of the
cash price OR $10, WHICHEVER IS LESS, but not exceeding the
amount of the cash down payment. If the seller fails to comply with
an obligation imposed by this section, or if the buyer avoids the sale
on any ground independent of his right to cancel provided by the
provisions on the buyer's right to cancel (subsection (a) (1) of Sec-
tion 29) or revokes his offer to purchase, the seller is not entitled to
retain a cancellation fee.
(d) (4) 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 in his possession of con-
trol for any recovery to which he is entitled.
32.
(a) (1) Except as provided in subsection (d) (4) of Section 31 of
this subheading, within twenty days after a home solicitation sale has
been cancelled, or an offer to purchase is revoked, the buyer, upon
demand shall tender to the seller any goods delivered by the seller
pursuant to the sale, but he is not obligated to tender at any place
other than his own address. If the seller fails to take DEMAND
possession of such goods within twenty days (20) after cancellation
or revocation, the goods shall become the property of the buyer with-
out obligation to pay for them.
(b) (2) The buyer shall take reasonable care of the goods in his
possession both prior to cancellation and during the twenty-day
period following. During the twenty-day period after cancellation,
except for the buyer's duty of care, the goods are the seller's risk.
(c) (3) If the seller has performed any services pursuant to a
home solicitation sale prior to its cancellation, the seller is entitled to
no compensation except the cancellation fee provided in this subhead-
ing. If the seller's services result in the alteration of property of the
buyer, the seller shall restore the property to substantially as good
condition as it was in at the time the services were rendered.
33.
No seller in a home solicitation sale shall offer to pay a commission
or give a rebate or discount to the buyer in consideration of the
buyer's giving to the seller the names of prospective purchasers or
otherwise aiding the seller in making a sale to another person, if the
earning of the commission, rebate or discount is contingent upon an
event subsequent to the time the buyer agrees to buy.
34 33.
Any person who violates any provision of this subheading shall be
fined not more than five hundred dollars ($500.00) or imprisoned not
more than ninety days or both. Any sale made in respect to which a
commission, rebate or discount is offered in violation of the provi-
sions of this subheading shall be voidable at the option of the buyer.
|