§ 25A-42. Duties as to care and return of goods; no compensation for services prior to cancellation.
§25A‑42. Duties as to care and return of goods; no compensation forservices prior to cancellation.
(a) Except as providedby the provisions on retention of goods by the buyer (G.S. 25A‑41(d)),within a reasonable time after a home‑solicitation sale has beencanceled, the buyer must make available to the seller at the buyer's residencein substantially as good condition as received, any goods delivered under thecontract or sale, or in the alternative, the buyer may comply with theinstructions of the seller regarding the return shipment of the goods at theseller's expense and risk. The seller shall within 10 business days of receiptof the buyer's notice of cancellation notify the buyer whether the sellerintends to repossess or to abandon any shipped or delivered goods. If the buyermakes the goods available to the seller and the seller does not pick them upwithin 20 days of the date of the notice of cancellation, the buyer may retainor dispose of the goods without any further obligation. If the buyer fails tomake the goods available to the seller, or agrees to return the goods to theseller and fails to do so, then the buyer shall remain liable for performanceof all obligations under the contract.
(b) The buyer has theduty of a bailee to take reasonable care of the goods in his possession beforecancellation or revocation and for a reasonable time thereafter, during whichtime the goods are otherwise at the seller's risk.
(c) If the seller hasperformed any services pursuant to a home‑ solicitation sale prior to itscancellation, the seller is entitled to no compensation therefor.
(d) The seller shallnot negotiate, transfer, sell, or assign any note, contract, or other evidenceof indebtedness arising out of a home‑solicitation sale to a finance companyor other third party prior to midnight of the fifth business day following theday the contract was signed or the goods or services were purchased. (1971,c. 796, s. 1; 1975, c. 805, s. 4.)