31-1-232. Buyer's right of rescission. The seller shall deliver to the buyer in person or mail to the buyer at the address shown in the contract a copy of the contract, signed by the seller. If the contract is mailed, the seller shall retain proof of delivery. Until the seller delivers or mails the contract, a buyer who has not received delivery of the goods or been furnished the services has the right to rescind the agreement and to receive a refund of all payments made and return of all goods traded in to the seller on account of or in contemplation of the contract or, if the goods cannot be returned, the value of the goods. Any acknowledgment by the buyer of personal delivery of a copy of the contract signed by the seller must be conspicuous and, if contained in the contract, must appear directly above the buyer's signature.
History: En. Sec. 7, Ch. 282, L. 1959; R.C.M. 1947, 74-607(part); amd. Sec. 973, Ch. 56, L. 2009; amd. Sec. 7, Ch. 63, L. 2013.
Structure Montana Code Annotated
Title 31. Credit Transactions and Relationships
Chapter 1. Credit Transactions
Part 2. Retail Installment Sales
31-1-202. Definitions -- scope
31-1-203. Notice and opportunity for hearing -- service -- penalties -- exception
31-1-205. through 31-1-210 reserved
31-1-211. Powers of department
31-1-212. Investigations and complaints
31-1-213. through 31-1-220 reserved
31-1-221. Licensing of sales finance companies required
31-1-224. through 31-1-230 reserved
31-1-231. Requirements of retail installment contracts
31-1-232. Buyer's right of rescission
31-1-234. Transfer of equity -- fee
31-1-236. Notice and receipt of payment
31-1-237. through 31-1-240 reserved
31-1-241. Finance charge limitation