§ 4-89-108 - Requirements for enforceable sale -- Notice of right to cancellation required.
4-89-108. Requirements for enforceable sale -- Notice of right to cancellation required.
(a) A home solicitation sale is not enforceable by way of action or defense unless there is a writing which:
(1) Is sufficient to indicate that a contract for sale has been made between the parties;
(2) Is signed by both the consumer and the seller;
(3) Contains no provision not included in the oral sales presentation;
(4) Contains the name and address of the seller; and
(5) Contains the date on which the consumer actually signs the writing.
(b) A home solicitation sale is not enforceable by way of action if:
(1) The seller does not provide the consumer with a fully completed copy of the writing at the time the consumer actually signs the writing; or
(2) The seller commits a deceptive trade practice as defined by this chapter.
(c) In a home solicitation sale, the seller must furnish to the buyer at the time he or she signs the 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 10-point bold face type the following information and statements:
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(d) If seller fails to give both oral and written notice of the buyer's right to cancellation, the cooling-off period does not begin to run until actual notice is given, and the buyer is no longer obliged to return the goods in substantially the same condition.