*9 V.S.A. § 2454 *(2006)

§ 2454. Purchase contracts; rescission

(a) Consumer's or other obligor's right to cancel

(1) Except as provided in subdivision (5) of this subsection, in addition to
any right otherwise to revoke an offer,

the consumer or any other person obligated for any part of the purchase
price may cancel a home solicitation sale until

midnight of the third business day after the day on which the consumer has
signed an agreement or offer to purchase

relating to such sale, or has otherwise agreed to buy consumer goods or
services from the seller.

(2) Cancellation occurs when notice of cancellation is given to the seller.

(3) Notice of cancellation, if given by mail, shall be deemed given when
deposited in a mailbox properly addressed

and postage prepaid.

(4) Notice of cancellation need not take the form prescribed and shall be
sufficient if it indicates the intention of the

consumer not to be bound.

(5) A home solicitation sale may not be cancelled if the consumer has
requested the seller to provide goods or

services without delay because of an emergency, and

(A) the seller in good faith has begun substantial performance of the
contract before the notice of cancellation has

been given, and

(B) in the case of goods, the goods cannot be returned to the seller in
substantially the same condition as when

received by the consumer, and

(C) the consumer's request is both handwritten and signed by the consumer.

(b) Disclosure obligations

(1) In every home solicitation sale, the seller shall furnish the consumer
with a fully completed receipt or copy of

any contract pertaining to such sale at the time the consumer signs an
agreement or offer to purchase relating to such sale,

or otherwise agrees to buy consumer goods or services from the seller. Such
receipt or contract copy shall show the date

of the transaction and shall contain the name and address of the seller, and
in immediate proximity to the space reserved

in the contract for the signature of the consumer or on the front page of
the receipt if a contract is not used and in boldface

type of a minimum size of ten points, a statement in substantially the
following form:

You, the buyer, may cancel this transaction at any time prior to midnight of
the third business day after the date of

this transaction. See the attached notice of cancellation for an explanation
of this right.

(2) In a home solicitation sale, unless a consumer requests the seller to
provide goods or services without delay in

an emergency, the seller shall furnish a notice of cancellation to the
consumer at the time he signs an agreement or offer

to purchase relating to such sale or otherwise agrees to buy consumer goods
or services from the seller, which notice shall

be attached to the contract or receipt and easily detachable.

(A) The notice of cancellation shall contain the following information and
statements, printed in not less than ten

point boldface type:

NOTICE OF CANCELLATION

(enter date of transaction)

.............................

(date)

You may cancel this transaction, without any penalty or obligation, within

three business days from the above date.

If you cancel, any property traded in, any payments made by you under the

contract or sale, and any negotiable instrument executed by you will be

returned within ten business days following receipt by the seller of your

cancellation notice, and any security interest arising out of the
transaction

will be canceled.

If you cancel, you must make available to the seller at your residence, in

substantially as good condition as when received, any goods delivered to you

under this contract or sale; or you may, if you wish, comply with the

instructions of the seller regarding the return shipment of the goods at the

seller's expense and risk.

If you do make the goods available to the seller and the seller does not

pick them up within twenty days of the date of your notice of cancellation,

you may retain or dispose of the goods without any further obligation. If
you

fail to make the goods available to the seller, or if you agree to return
the

goods to the seller and fail to do so, then you remain liable for
performance

of all obligations under the contract.

To cancel this transaction, mail or deliver a signed and dated copy of this

cancellation notice or any other written notice, or send a telegram, to

........................ at.................................................

(name of seller) (address of

seller's place of business)

not later than midnight
of...................................................

(date)

I hereby cancel this transaction.

.................................

(date)

.......................................

(buyer's signature)

(B) Before furnishing copies of the "Notice of Cancellation" to the buyer,
the seller shall complete both copies by

entering the name of the seller, the address of the seller's place of
business, the date of the transaction, and the date, not

earlier than the third business day following the date of the transaction,
by which the buyer may give notice of cancellation.

(C) The seller shall leave the "Notice of Cancellation" with the consumer.

(D) In addition to the written notice of cancellation the seller shall
orally inform the buyer of his right to cancel at

the time of the transaction.

(3) Until the seller has complied with this subsection, the consumer or any
other person obligated for any part of

the purchase price may cancel the home solicitation sale by notifying the
seller in any manner and by any means of his

intention to cancel. The cancellation period of three business days shall
begin to run from the time the seller complies

with this subsection.

(c) Restoration of payments

(1) Within ten days after a home solicitation sale has been cancelled or an
offer to purchase revoked, the seller shall

tender to the consumer any payments made by the consumer and any note or
other evidence of indebtedness, and take

any action necessary or appropriate to terminate promptly any security
interest in the transaction, except as provided in

subdivision (3) of this subsection.

(2) If payment includes goods traded in, the goods shall 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 subsection, the consumer may elect to

recover an amount equal to the trade--in allowance stated in the agreement.

(3) Until the seller has complied with this subsection the consumer may
retain possession of goods delivered to him

by the seller and shall have a lien on the goods in his possession or
control for any recovery to which he may be entitled.

(d) Duties of seller and consumer

(1) Within ten days after a home solicitation sale has been cancelled or an
offer to purchase revoked, the seller shall

either demand possession of any goods delivered by the seller pursuant to
the sale or instruct the consumer regarding the

return shipment of the goods at the seller's expense and risk.

(2) If the seller does not give instructions regarding the return shipment
of the goods, or if the consumer does not

comply with any such instructions given, the seller must pick up such goods
within twenty days after a home solicitation

sale has been cancelled.

(3) If the seller does not act within the time periods established in
subdivisions (1) and (2) of this subsection, the

goods shall become the property of the consumer without obligation to pay
for them.

(4) Upon demand, the consumer shall tender to the seller any goods delivered
by the seller pursuant to the sale but

need not tender at any place other than his residence.

(5) If the consumer agrees to return the goods to the seller and fails to do
so, then he shall remain liable for

performance of all obligations under the contract.

(6) The consumer shall take reasonable care of the goods in his possession
both before cancellation or revocation

and for a reasonable time thereafter, during which time the goods are
otherwise at the seller's risk.

(7) If the seller has performed any services pursuant to a home solicitation
sale prior to its cancellation, the seller

shall be entitled to no compensation therefor.

(e) If the home solicitation sale is principally negotiated in a language
other than English, then all of the disclosures

required by this section shall be given in that language.

(f) If the consumer is unable to write in his own handwriting, then any of
the statements required to be written by him

under this section shall be handwritten by a member of the consumer's
household at the request of the consumer. If there

is no other member of the consumer's household, then such statements must be
written by the seller, at the request of the

consumer, and the effect of such statements shall be orally explained to the
consumer by the seller.

(g) Use of the cancellation provision provided for in this section shall not
prevent any other action being taken under

this chapter or otherwise against such seller.

(h) A violation of any of the provisions of this section shall be considered
an unfair act in commerce within the

meaning of section 2453(a) of this title.