*Conn. Gen. Stat. § 42--135a *
(2006)
§ 42--135a. Notice in sales agreement. Notice of cancellation. Duties of
seller.
No agreement in a home solicitation sale shall be effective against the
buyer if it is not signed and dated by the buyer or
if the seller shall:
(1) Fail to furnish the buyer with a fully completed receipt or copy of all
contracts and documents pertaining to such
sale at the time of its execution, which contract shall be in the same
language as that principally used in the oral sales
presentation and which 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 buyer, 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 FORM FOR AN EXPLANATION OF THIS RIGHT.
(2) Fail to furnish each buyer, at the time such buyer signs the home
solicitation sales contract or otherwise
agrees to buy consumer goods or services from the seller, a completed form
in duplicate, captioned "NOTICE OF
CANCELLATION", which shall be attached to the contract or receipt and easily
detachable, and which shall contain in
ten--point boldface type the following information and statements in the
same language as that used in the contract:
NOTICE OF CANCELLATION
... (Date of Transaction)
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 CANCELLED.
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 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
Conn. Gen. Stat. § 42-135a
CANCELLATION NOTICE OR ANY OTHER WRITTEN NOTICE, OR SEND A TELEGRAM TO ...
(Name of Seller)
AT ... (Address of Seller's Place of Business) NOT LATER THAN MIDNIGHT OF
... (Date)
I HEREBY CANCEL THIS TRANSACTION.
... (Date)
... (Buyer's Signature)
(3) Fail, before furnishing copies of the "Notice of Cancellation" to the
buyer, to 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.
(4) Include in any home solicitation sale contract or receipt any confession
of judgment or any waiver of any of
the rights to which the buyer is entitled under this chapter, including
specifically such buyer's right to cancel the sale in
accordance with the provisions of this section.
(5) Fail to inform each buyer, orally, at the time such buyer signs the
contract or purchases the goods or services, of
such buyer's right to cancel.
(6) Misrepresent in any manner the buyer's right to cancel.
(7) Fail or refuse to honor any valid notice of cancellation by a buyer and
within ten business days after the receipt
of such notice, to (A) refund all payments made under the contract or sale;
(B) return any goods or property traded in, in
substantially as good condition as when received by the seller; (C) cancel
and return any negotiable instrument executed
by the buyer in connection with the contract or sale and take any action
necessary or appropriate to terminate promptly
any security interest created in the transaction; and (D) cancel and return
any contract executed by the buyer in connection
with the transaction.
(8) Negotiate, transfer, sell, or assign any note or other evidence of
indebtedness to a finance company or other
third party prior to midnight of the fifth business day following the date
the contract was signed or the goods or services
purchased.
(9) Fail, within ten business days of receipt of the buyer's notice of
cancellation, to notify such buyer whether the
seller intends to repossess or to abandon any shipped or delivered goods.