Section 361-B:2 Notice.
I. At the time of any home solicitation sale, the seller shall furnish the buyer with a fully completed receipt and a copy of any contract or agreement pertaining to such sale at the time of its execution which shall show the name and address of the seller, the date of transaction and contain in immediate proximity to the space reserved in the contract, agreement or receipt for the signature of the buyer, in boldface type of a minimum size of 10 points, a statement in substantially the following form:
""ANY BUYER MAY CANCEL THIS TRANSACTION ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION.''
The buyer may cancel by written notice mailed to the seller, preferably by certified or registered letter, or he may cancel by returning the merchandise in person within the cancellation period.
A home solicitation sale contract agreement or receipt which contains the notice of cancellation forms and content provided in the Federal Trade Commission trade regulation rule providing a cancellation period for door-to-door sales shall be deemed as complying with the requirements of RSA 361-B:2, I, so long as the Federal Trade Commission language provides at least equal information to the consumer concerning his right to cancel as is required by this chapter.
(a) A home solicitation sale shall be deemed to be in compliance with the requirements of RSA 361-B:2, I, if the seller guarantees that (1) The buyer may at any time: (i) cancel the order, or (ii) refuse to accept the goods when delivered without incurring any obligation to pay for them, or (iii) 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 order, 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 sales ticket, receipt or contract.
(b) In the event the buyer cancels, the seller must return to the buyer within 15 days of the cancellation: (1) any payments made, (2) any goods or other property, received as a trade-in (or a sum equal the trade-in allowance given therefore), and (3) any note or other evidence of indebtedness given by the buyer to the seller pursuant to or in connection with the sale.
(c) After cancellation, provided the seller has returned to the buyer all payments, goods (or their trade-in value), other property, notes or any other evidence of indebtedness, the seller is then entitled to receive within the same 15 day period, in substantially the same condition as delivered, any goods, merchandise or other property which was received by the buyer from the seller.
II. In the event the buyer cancels and the seller does not comply with the provisions of RSA 361-B:2, I(b) within the 15 days specified therein, the seller shall be deemed in violation of this section. In the event the buyer does not comply with RSA 361-B:2, I(b), the seller shall have the right to legal recourse to recover his property.
III. Notwithstanding paragraphs I and II, the buyer and seller, upon mutual agreement, may negotiate for repair, replacement, substitution or credit allowance during the 15 day period. If the seller agrees to negotiate, the buyer's right to cancel as stated in paragraphs I and II shall remain in effect during any negotiations made under the provisions of this paragraph.
IV. It shall be the responsibility of the seller to either call for the merchandise at the point of delivery, or request return by mail or other transportation at the seller's expense. It shall be the buyer's responsibility to cooperate in the exchange of properties when cancellation is requested.
V. If the seller has made no effort to recover his property after 90 days following the sale of the property, it shall become the buyer's property without further obligation of any kind.
Source. 1969, 437:1. 1971, 423:3, 4. 1973, 487:1, eff. Aug. 29, 1973.