New Jersey - PART 8. INSTALLMENT SALES
CHAPTER 16C. RETAIL INSTALLMENT SALES
N.J. Stat. § 17:16C-61.5 (2006)
§ 17:16C-61.5. Rescission; duties of buyer and seller; exception of certain
sales; record of buyer's notice
(a) Any retail installment sale of goods or retail installment contract for the
sale of goods, other than a motor vehicle, a boat, and motor vehicle or boat
accessories, for a purchase price in excess of $ 25.00, which is entered into at
a place other than the place of business of the retail seller may be rescinded
by the retail buyer if the retail buyer:
(1) Furnishes to the retail seller a notice of intent to rescind the retail
installment sale or retail installment contract by certified mail, return
receipt requested, postmarked not later than 5 p.m. of the third business day
following the day on which the retail installment sale or retail installment
contract is executed; and
(2) Gives up possession of any goods, subject to such retail installment sale or
retail installment contract, delivered to the retail buyer prior to receipt by
the retail seller of such notice of intent to rescind.
(b) Within 10 business days after receipt of such notice of intent to rescind
the retail installment sale or retail installment contract, a retail seller
shall:
(1) Pick up, at his own expense, any goods subject to such sale or contract,
delivered to the retail buyer prior to receipt by the retail seller of such
notice;
(2) Refund to the retail buyer all amounts of money paid by the retail buyer
(less reasonable charges for any damage to such goods which occurred while in
the possession of the retail buyer); and
(3) Redeliver to the retail buyer any goods traded-in to the retail seller on
account of or in contemplation of the retail installment sale or retail
installment contract (less any reasonable charges actually incurred in making
the goods ready for sale).
(c) This section does not apply to mail order sales, telephone sales, catalog
sales where an order is placed by mail or telephone, or sales in which the
retail buyer has requested the retail seller to enter into the sale at a place
other than the retail seller's place of business, but it does apply to sales in
which the retail buyer has requested the retail seller to conduct a
demonstration or exhibition at a place other than the retail seller's place of
business and has not also requested to enter into a sale at that place at the
same time he has requested such demonstration or exhibition.
(d) Each retail seller shall maintain a record of the receipt of any retail
buyer's notice of intent to rescind a sale under this act for at least 18 months
after the receipt of such notice of intent to rescind.
N.J. Stat. § 17:16C-61.6 (2006)
§ 17:16C-61.6. Receipt; form and content
(a) At the time of executing every retail installment sale or retail installment
contract subject to the provisions of section 5 of this act, the retail seller
shall deliver to the retail buyer two copies of a receipt which clearly and
conspicuously sets forth:
(1) The retail seller's name and place of business;
(2) A description of the goods sold; and
(3) The amount of money paid by the retail buyer or the cash value of any goods
delivered to the retail seller at the time the retail installment sale or retail
installment contract was entered into.
(b) The receipt required to be delivered to the retail buyer shall also clearly
and conspicuously bear, in at least 10-point bold type, the following statement:
"NOTICE TO RETAIL BUYER: YOU MAY RESCIND THIS SALE PROVIDED THAT YOU NOTIFY THE
RETAIL SELLER OF YOUR INTENT TO DO SO BY CERTIFIED MAIL, RETURN RECEIPT
REQUESTED, POSTMARKED NOT LATER THAN 5 P.M. OF THE THIRD BUSINESS DAY FOLLOWING
THE SALE. FAILURE TO EXERCISE THIS OPTION, HOWEVER, WILL NOT INTERFERE WITH ANY
OTHER REMEDIES AGAINST THE RETAIL SELLER YOU MAY POSSESS. IF YOU WISH, YOU MAY
USE THIS PAGE AS NOTIFICATION BY WRITING "I HEREBY RESCIND' AND ADDING YOUR NAME
AND ADDRESS. A DUPLICATE OF THIS RECEIPT IS PROVIDED BY THE RETAIL SELLER FOR
YOUR RECORDS."
(c) No receipt required to be delivered to the retail buyer shall contain, or be
accompanied by any document which contains, provisions by which the retail buyer
waives his rights under this act.
(d) A retail seller who in the ordinary course of business regularly uses a
language other than English in any advertising or other solicitation of retail
buyers, or in any printed forms for use by retail buyers, or in any face-to-face
negotiations with retail buyers shall deliver the two copies of the receipt to a
retail buyer whose principal language is such other language one in English and
one in the other language.
(e) The receipt required to be delivered to the retail buyer, other than the
notice provision required under subsection (b) of this section, shall be in a
type-size less than 10 points high and in type other than bold.