Wyo. Stat. § 40--12--104
*(2006)
§ 40--12--104 Home solicitation sales
(a) For purposes of this section, "home solicitation sale" means the sale or
lease of merchandise, other than farm
equipment, for cash when the cash sales price, whether under a single sale
or multiple sales, exceeds twenty--five dollars
($25.00) and in which the seller or a person acting for him engages in a
personal solicitation of the sale at the residence of
the buyer and the buyer's agreement or offer to purchase is there given to
the seller or a person acting for him. A personal
solicitation of a sale at the residence of the buyer includes contact with
the buyer in person or by telephone. "Home
solicitation sale" does not include:
(i) A sale made pursuant to a preexisting revolving charge account;
(ii) A sale made subsequent to a personal contact or a telephone contact at
the residence of the buyer but pursuant
to negotiations between the parties at a business establishment at a fixed
location where goods or services are offered or
exhibited for sale;
(iii) A sale made pursuant to a telephone solicitation when the seller
offers a full refund and right of cancellation for
at least ten (10) days after receipt of the merchandise and the right of
refund and cancellation is communicated during the
initial telephone solicitation and is conspicuously displayed with the
merchandise; or
(iv) A sale in which a consumer acquires use of property under a
rental--purchase agreement as defined in W.S. 40--
19--102(a)(xi), with an initial period of one (1) week or less, by placing a
telephone call to a merchant and by requesting
that specific property be delivered to the consumer's residence or such
other place as the consumer directs and such rental--
purchase agreement is consummated at the consumer's residence.
(b) Except as hereinafter provided, in addition to any right otherwise to
revoke an offer, the buyer has the right to
cancel a home solicitation sale until midnight of the third business day
after the day on which the buyer signs an agreement
or offer to purchase which complies with this part. Cancellation occurs when
the buyer gives written notice of cancellation
to the seller at the address stated in the agreement or offer to purchase.
Notice of cancellation, if given by mail, is given
when it is deposited in a mailbox properly addressed and postage prepaid.
Notice of cancellation given by the buyer need
not take a particular form and is sufficient if it indicates by any form of
written expression the intention of the buyer not
to be bound by the home solicitation sale.
(c) The buyer may not cancel a home solicitation sale if the buyer requests
the seller to provide goods or services
without delay because of an emergency and:
(i) The seller in good faith makes a substantial beginning of performance of
the contract before the buyer gives
notice of cancellation; and
(ii) In the case of goods, the goods cannot be returned to the seller in
substantially as good condition as when
received by the buyer.
(d) The period within which cancellation may occur pursuant to this section
shall not commence until the buyer is
furnished a copy of the completed, approved and accepted contract, is given
the name and address to which the notice
of cancellation should be sent and is provided with a written statement of
his right of cancellation. The statement of the
buyer's right of cancellation shall comply with W.S. 40--14--253(b).
(e) Except as hereinafter provided, within ten (10) days after a home
solicitation sale has been cancelled:
(i) The seller must tender to the buyer any payments made by the buyer and
any note or other evidence of
indebtedness;
(ii) If the down payment includes goods traded in, the goods must be
tendered in substantially as good condition as
when received by the seller, and if the seller fails to tender the goods as
provided by this subsection, the buyer may elect
to recover an amount equal to the trade--in allowance stated in the
agreement;
(iii) The seller may retain as a cancellation fee five percent (5%) of the
cash price 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 voids the
sale on any ground independent of his right to cancel or revokes his offer
to purchase, the seller is not entitled to retain a
cancellation fee;
(iv) Until the seller has complied with the obligations imposed by this
subsection, the buyer may retain possession
of goods delivered to him by the seller and has a lien on the goods in his
possession or control for any recovery to which
he is entitled.
(f) Except as provided under subsection (e) of this section, within a
reasonable time after a home solicitation sale has
been cancelled or an offer to purchase revoked, the buyer upon demand must
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 residence. If the seller fails to
demand possession of the goods within thirty (30) days after cancellation or
revocation, the goods become the property of
the buyer without obligation to pay for them.
(g) The buyer has a duty to take reasonable care of the goods in his
possession before cancellation or revocation and
for thirty (30) days thereafter, during which time the goods are otherwise
at the seller's risk.
(h) 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
section.