(a) Except as provided in this section, within ten business days after a home solicitation sale has been cancelled the seller shall tender to the buyer any payments made by the buyer and any note or other evidence of indebtedness.
(b) If the down payment includes goods traded in, the goods shall be tendered in substantially as good condition as when received. If the seller fails to tender the goods as provided by this section, the buyer may elect to recover an amount equal to the trade-in allowance stated in the agreement.
(c) Until the seller has complied with the obligations imposed by this section the buyer may retain possession of goods delivered to him by the seller and has a lien on the goods for any recovery to which he is entitled.
(1967, P.A. 749, S. 4; P.A. 76-165, S. 4, 8.)
History: P.A. 76-165 deleted former Subsec. (c) which had allowed seller to retain cancellation fee consisting of the lesser of 5% of cash price, $15 or amount of cash down payment and had specified situations in which seller was not allowed to retain the fee, relettering Subsec. (d) accordingly.
Cited. 6 Conn. Cir. Ct. 745.
Structure Connecticut General Statutes
Title 42 - Business, Selling, Trading and Collection Practices
Chapter 740 - Home Solicitation Sales Act
Section 42-134a. - Definitions.
Section 42-135. - Notice in sales agreement. Seller to complete prior to signing by buyer.
Section 42-135a. - Notice in sales agreement. Notice of cancellation. Duties of seller.
Section 42-136. - Note or evidence of indebtedness given by buyer.
Section 42-137. - Cancellation rights of buyer.
Section 42-138. - Seller's obligations on cancellation.
Section 42-139. - Buyer's obligations on cancellation.
Section 42-141. - Penalty. Violation made unfair or deceptive practice or act.