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Trade Regulation - S.D. Codified Laws ยง 37-24-5.3 (2006)

South Dakota-

TITLE 37. TRADE REGULATION
CHAPTER 37-24.



S.D. Codified Laws § 37-24-5.3 (2006)
§ 37-24-5.3.

It is a deceptive act or practice, within the meaning of § 37-24-6, for any seller, in connection with any door to door sale, to:

(1) Fail to furnish the buyer with a fully completed receipt or copy of any contract pertaining to such sale at the time of its execution which shows the date of the transaction and contains 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 bold face 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 inform each buyer orally, at the time he signs the contract or purchases the goods or services, of his right to cancel;

(3) Misrepresent in any manner the buyer's right to cancel.


S.D. Codified Laws § 37-24-5.4 (2006)
§ 37-24-5.4.

It is a deceptive act or practice, within the meaning of § 37-24-6, for any seller, in connection with any door to door sale, to:

(1) Fail to furnish each buyer, at the time he signs the door to door sales contract or otherwise agrees to buy 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 bold face type the following information:



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  YOU 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 (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)


(2) 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 transaction, by which the buyer may give  notice of cancellation.


S.D. Codified Laws § 37-24-5.5 (2006)
§ 37-24-5.5.

It is a deceptive act or practice, within the meaning of § 37-24-6, for any seller to include in any door to door 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 his right to cancel the sale in accordance with the provisions of this chapter.

S.D. Codified Laws § 37-24-5.6 (2006)
§ 37-24-5.6.

It is a deceptive act or practice within the meaning of § 37-24-6, for any seller, in connection with any door to door sale, to:

(1) 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 refund all payments made under the contract or sale; return any goods or property traded in, in substantially as good condition as when received by the seller; 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;

(2) Fail, within ten business days of receipt of the buyer's notice of cancellation, to notify him whether the seller intends to repossess or to abandon any shipped or delivered goods.

S.D. Codified Laws § 37-24-5.7 (2006)
§ 37-24-5.7.

A door to door sale shall be deemed to be in compliance with the notice requirements of this chapter if:

(1) The buyer may at any time,

(a) cancel the sale, or

(b) refuse to accept delivery of the goods without incurring any obligation to pay for them, or

(c) return the goods to the seller and receive a full refund for any amount the buyer has paid; and

(2) The buyer's right to cancel the sale, refuse delivery or return the goods without obligation or charge at any time is clearly and unmistakably set forth on the face or reverse side of the receipt or contract.