Nebraska Revised Statutes
Chapter 69 - Personal Property
69-1604 - Notice of right to cancel; form; foreign language; when delivered; time; exception.

69-1604. Notice of right to cancel; form; foreign language; when delivered; time; exception.
(1) Whenever a buyer has the right to cancel a home solicitation sale, the seller's contract shall contain a notice to be printed in capital and lowercase letters of not less than ten-point boldface type and appear under the conspicuous caption: BUYER'S RIGHT TO CANCEL; which shall read as follows: You may cancel this agreement by mailing a written notice to (Insert name and mailing address of seller) before midnight of the third business day after you signed this agreement. If you wish, you may use this page as that notice by writing "I hereby cancel" and adding your name and address.
(2) A home solicitation sales contract which contains the Notice of Cancellation form and content provided in the Federal Trade Commission's trade regulation rule providing a cooling-off period shall be deemed as complying with the requirements of subsection (1) of this section, 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 sections 69-1601 to 69-1607.
(3) A seller who in the ordinary course of business regularly uses a language other than English in any advertising or other solicitation of customers or in any printed forms for use by buyers or in any face-to-face negotiations with buyers, shall give the notice described in this section to a buyer whose principal language is such other language, both in English and in the other language.
(4) The notice required under this section shall be delivered either after all the credit cost disclosures have been made to the buyer as required by the federal Consumer Credit Protection Act and the buyer has signed the writing evidencing the transaction, or contemporaneously therewith, but not before.
(5) Until the seller has complied with this section the buyer may cancel the home solicitation sale by notifying the seller in any manner and by any means of his intention to cancel. The three-business-day period prescribed by sections 69-1601 to 69-1607 shall begin to run from the time the seller complies with this section.
(6) The notice provisions under this section shall not be required in a transaction involving an order for goods to be delivered at one time if: (a) The order is evidenced only by a sales ticket or invoice, a copy of which must be provided to the buyer, which clearly and unmistakably sets forth on the face or reverse side of the sales ticket or invoice the buyer's right to cancel the order, refuse delivery or return the goods without obligation or charge; (b) the goods are not delivered within three business days of the date of the order; and (c) the buyer may refuse to accept the goods when they are delivered without incurring any obligation to pay for them or the expenses associated with the transaction, including mailing or shipping charges, or the buyer may, upon inspecting the goods after delivery, return them within three business days to the seller and receive a full refund for any amounts the buyer has paid including mailing and shipping charges.
Source

Annotations

A buyer may cancel a home solicitation sale in any manner and by any means if the seller has not complied with the requirements for the notice of cancellation found in this section. Flodman v. Robinson, 22 Neb. App. 943, 864 N.W.2d 716 (2015).


As an alternative to the language provided in this section for the seller's notice of cancellation, a seller is permitted to use the language provided by the Federal Trade Commission. Flodman v. Robinson, 22 Neb. App. 943, 864 N.W.2d 716 (2015).


This section contains the language a seller is required to include in a notice of cancellation. Flodman v. Robinson, 22 Neb. App. 943, 864 N.W.2d 716 (2015).

Structure Nebraska Revised Statutes

Nebraska Revised Statutes

Chapter 69 - Personal Property

69-109 - Security interest; personal property; sale or transfer without consent; penalty.

69-109.01 - Security interest; personal property; sale by auctioneer; no liability under conditions specified.

69-110 - Security interest; personal property; removal from county; penalty.

69-111 - Security interest; personal property; failure to account or produce for inspection; penalty.

69-201 - Pawnbroker, defined.

69-202 - Permit required; fees; application, contents; issuance; bond.

69-203 - Permit; business location; prohibited activities.

69-204 - Records required; inspection; stolen property; procedures.

69-205 - Reports to police; when required.

69-206 - Pawned or secondhand goods; restrictions on disposition; jewelry defined.

69-208 - Violation; penalty; permit; suspension or revocation; procedure.

69-209 - Pawnbroker; limitation on sale of goods.

69-210 - Pawnbrokers; customer fingerprint required; restrictions on property accepted.

69-301 - Act, how cited.

69-302 - Terms, defined.

69-303 - Ophthalmic provider; contact lens prescription.

69-304 - Ophthalmic provider; registration; requirements.

69-305 - Fees; disposition.

69-306 - Act; enforcement.

69-307 - Rules and regulations.

69-308 - Act, how cited.

69-309 - Terms, defined.

69-310 - Contact lenses or spectacles; prescription; contents; release to patient.

69-311 - Operation of kiosk; conditions.

69-312 - Over-the-counter spectacles.

69-313 - Uniform Credentialing Act; applicability; department; powers; civil penalty; Attorney General; powers.

69-314 - Rules and regulations.

69-401 - Terms, defined.

69-402 - Secondary metals recycler; purchase of regulated metals property; information required; duration; receipt.

69-403 - Peace officer; right to inspect property and records.

69-404 - Secondary metals recycler; limitations on payment.

69-405 - Seller; age restriction; identification required.

69-406 - Limitation on metal beer keg purchase or receipt.

69-406.01 - Manhole cover or sewer grate; purchase or receipt; limitations; payment.

69-407 - Exemptions.

69-408 - Violation; penalty.

69-409 - Sections; how construed.

69-501 - Act, how cited.

69-502 - Terms, defined.

69-503 - Cigarettes; testing; requirements; performance standard; manufacturer; duties; civil penalty; State Fire Marshal; powers and duties.

69-504 - Manufacturer; written certification; contents; fee; Reduced Cigarette Ignition Propensity Fund; created; use; investment; altered cigarettes; retesting required.

69-505 - Marking; inspections.

69-506 - Violations; civil penalty; seizure and destruction; additional remedies; Attorney General; powers and duties.

69-507 - Tax Commissioner; power to inspect; notice to State Fire Marshal.

69-508 - Attorney General; enforcement powers.

69-509 - Act; exemptions.

69-510 - Termination of act; conditions; preemption of local law.

69-511 - State Fire Marshal; rules and regulations.

69-1001 - Terms, defined.

69-1002 - Sale at auction; containers; labels; statement required.

69-1003 - Sale at auction; false statements; liability.

69-1004 - Sale at auction by carrier; when act inapplicable.

69-1005 - Violations; penalty.

69-1006 - Poultry; sales record; exceptions.

69-1007 - Poultry; sales record; violation; penalty.

69-1008 - Poultry; sale or delivery; false representations; penalty.

69-1101 - Labels required.

69-1102 - Violations; penalty.

69-1201 - Terms, defined.

69-1202 - Debt management; exceptions to act.

69-1203 - License; required.

69-1204 - License; application; fees; bond; expiration; copy of contract.

69-1205 - License; application; investigation; issuance.

69-1206 - License; renewal; fee; bond.

69-1207 - License; Secretary of State; deny; revoke; suspend; nontransferable.

69-1208 - Rules and regulations; promulgation.

69-1209 - Licensee; contract with debtor required; contents.

69-1210 - Licensee; bank account; separate; books and records.

69-1211 - Licensee; examination; cost; payment.

69-1212 - Licensee; debtor; fee; agreement; limitations.

69-1213 - Licensee; duties.

69-1214 - Licensee; acts forbidden.

69-1215 - Unlawful acts; penalty.

69-1216 - Limitation of actions.

69-1217 - Fees; disposition.

69-1301 - Terms, defined.

69-1302 - Property held or owing by a banking or financial organization or business association; presumed abandoned; when.

69-1303 - Unclaimed funds held and owing by a life insurance corporation; presumed abandoned; when.

69-1304 - Funds held or owing by any utility; presumed abandoned; when.

69-1305 - Stock, shareholding, or other intangible ownership interest; presumed abandoned; when.

69-1305.01 - Stock or other intangible ownership interest; applicability of act; conditions.

69-1305.02 - Credit memo; presumed abandoned; when.

69-1305.03 - Gift certificate or gift card; presumed abandoned; when.

69-1306 - Intangible personal property distributable in voluntary dissolution; presumed abandoned; when.

69-1307 - Intangible personal property and increment held in a fiduciary capacity; presumed abandoned; when.

69-1307.01 - Intangible personal property held by court, public entities, or political subdivision; presumed abandoned; when.

69-1307.02 - Unpaid wages; presumed abandoned; when.

69-1307.03 - Retirement funds; presumed abandoned; when.

69-1307.04 - Mineral rights and proceeds; presumed abandoned; when.

69-1307.05 - Intangible personal property held by life insurance corporation; presumed abandoned; when.

69-1307.06 - Military medal; report and delivery to State Treasurer.

69-1307.07 - Military medals; State Treasurer; duties.

69-1308 - Other intangible property; general-use prepaid card; presumed abandoned; when.

69-1309 - Owner in another state; property not presumed abandoned; when.

69-1310 - Property presumed abandoned; reports to State Treasurer; contents; filing date; property accompany report; prevent abandonment, when; verification.

69-1311 - Report of property presumed abandoned; notices; time; contents; exceptions.

69-1312 - Delivery of property to State Treasurer; exceptions.

69-1313 - Property; delivery to State Treasurer; custodian; holder relieved of liability; reimbursement.

69-1314 - Property paid or delivered to State Treasurer; owner not entitled to income.

69-1315 - Limitation of action; claim; effect.

69-1316 - Abandoned property; State Treasurer; sell; when; notice; title.

69-1317 - Abandoned property; Unclaimed Property Trust Fund; record; professional finder's fee; information withheld; when; transfers; Unclaimed Property Cash Fund; created; investment.

69-1318 - Person claiming interest in property delivered to state; claim; filing; directed to nonprofit organization, when.

69-1318.01 - Payment with respect to support order obligor authorized.

69-1319 - Claim; hearing; decision; payment.

69-1320 - Claim; appeal; procedure.

69-1321 - Abandoned property; State Treasurer; decline to accept; when; other payments or delivery authorized.

69-1322 - Failure to report property; State Treasurer; powers and duties; holder; duties.

69-1323 - Refusal to deliver property; action to enforce delivery.

69-1324 - Failing to render report or refusing to pay or deliver property; penalty.

69-1325 - State Treasurer; rules and regulations; adopt.

69-1326 - Property exempt from act.

69-1327 - Act, severability.

69-1328 - Act, how construed.

69-1329 - Act, how cited.

69-1330 - Certain unclaimed property; disposition.

69-1331 - Unclaimed property; sale; disposal; procedure.

69-1332 - Unclaimed property; sale proceeds; disposition.

69-1501 - Retailer; contract; termination; reimbursement for implements, machinery, and parts.

69-1502 - Prices for implements, machinery, and parts; how determined.

69-1503 - Manufacturer, wholesaler, or distributor; failure to furnish or make payment; liability; damages.

69-1504 - Retail dealer; majority stockholder; death; settlement with heirs.

69-1601 - Terms, defined.

69-1602 - Disclosure obligations.

69-1603 - Right to cancel; manner of cancellation.

69-1604 - Notice of right to cancel; form; foreign language; when delivered; time; exception.

69-1605 - Cancellation, effect.

69-1606 - Duty of buyer; failure of seller to take possession; performance of service, how treated.

69-1607 - Sale made in violation of sections; buyer recovery.

69-1701 - Outdoor advertising sign; removal by public body; compensation; how determined; exception.

69-1702 - Nonconforming advertising sign; conformance required; when.

69-1801 - Act, how cited.

69-1802 - Act, purpose.

69-1803 - Terms, defined.

69-1804 - Manufacturer; provide information.

69-1805 - Supplier of turquoise; provide information.

69-1806 - Sellers; duties.

69-1807 - Prohibited acts.

69-1808 - Violations; penalty.

69-1901 - Legislative intent.

69-1902 - Terms, defined.

69-1903 - Distribution for promotional purposes prohibited.

69-1904 - Enforcement; penalty.

69-2001 - Act, how cited.

69-2002 - Definitions, where found.

69-2003 - Biodegradable, defined.

69-2004 - Degradable, defined.

69-2005 - Photodegradable, defined.

69-2006 - Recyclable, defined.

69-2007 - Retail, defined.

69-2008 - Beverage container connectors; requirements.

69-2009 - Garbage bags; requirements.

69-2010 - Grocery or shopping bags; requirements.

69-2011 - Disposable diapers; requirements; Director of Environment and Energy; duties.

69-2012 - Violations; penalty.

69-2101 - Act, how cited.

69-2102 - Legislative findings.

69-2103 - Terms, defined.

69-2104 - Lessor; disclosures required.

69-2105 - Disclosures; how made; rules and regulations; agreement; contents.

69-2106 - Written receipt; required; when.

69-2107 - Agreements; prohibited provisions.

69-2108 - Agreement; contents.

69-2109 - Lessor; prohibited acts.

69-2110 - Fees; deposits; charges.

69-2111 - Renegotiation; when; extension; effect.

69-2112 - Advertisement; requirements.

69-2113 - Lessor; liability; offset, not permitted; lessor; preserve evidence.

69-2114 - Actions; statute of limitations.

69-2115 - Lessor; not liable; when.

69-2116 - Director of Banking and Finance; investigations; other proceedings; powers.

69-2117 - Cease and desist order; fine; injunction; procedures; appeal.

69-2118 - Examination of books and records.

69-2119 - Personal jurisdiction over lessor.

69-2201 - Unsolicited goods or merchandise; disposal.

69-2301 - Act, how cited.

69-2302 - Terms, defined.

69-2303 - Personal property remaining on premises; landlord; duties; notice; contents; delivery.

69-2304 - Notice; statement required.

69-2305 - Notice; form.

69-2306 - Landlord; property; removal and storage; liability.

69-2307 - Landlord; release of personal property; when.

69-2308 - Sale of personal property; when required; notice of sale; requirements; disposition of proceeds.

69-2309 - Release or disposition of personal property; liability of landlord.

69-2310 - Costs of storage; how assessed.

69-2311 - Residential landlord; surrender personal property to residential tenant; conditions; applicability of section.

69-2312 - Landlord retaining personal property; civil action authorized.

69-2313 - Lost personal property; disposition; liability.

69-2314 - Remedy; not exclusive.

69-2401 - Legislative findings and declarations.

69-2402 - Terms, defined.

69-2403 - Sale, lease, rental, and transfer; certificate required; exceptions.

69-2404 - Certificate; application; fee.

69-2405 - Application; chief of police or sheriff; duties; immunity.

69-2406 - Certificate; denial or revocation; appeal; filing fee.

69-2407 - Certificate; contents; term; revocation.

69-2408 - False information on application; other violations; penalties; confiscation of handgun.

69-2409 - Automated criminal history files; legislative intent; system implementation; Nebraska State Patrol; superintendent; duties; purchase, lease, rental, or transfer; election.

69-2409.01 - Database; created; disclosure; limitation; liability; prohibited act; violation; penalty; report; contents.

69-2410 - Importer, manufacturer, or dealer; sale or delivery; duties.

69-2411 - Request for criminal history record check; Nebraska State Patrol; duties; fee.

69-2412 - Records; confidentiality; destruction.

69-2413 - Nebraska State Patrol; toll-free telephone number; personnel.

69-2414 - Records; amendment; procedure.

69-2415 - Records; rules and regulations.

69-2416 - Licensed importer, manufacturer, or dealer; compliance not required; when.

69-2417 - Nebraska State Patrol; licensee; liability defense; when.

69-2418 - Instant criminal history record check; requirements; exemptions.

69-2419 - Criminal history records; prohibited acts; violation; penalty.

69-2420 - False statement; false identification; prohibited acts; violation; penalty.

69-2421 - Sale or delivery; violation; penalty.

69-2422 - Obtaining handgun for prohibited transfer; violation; penalty.

69-2423 - Nebraska State Patrol; annual report; contents.

69-2424 - Rules and regulations.

69-2425 - City or village ordinance; not preempted.

69-2426 - Dealers of firearms; distribution of information; Firearm Information Fund; created.

69-2427 - Act, how cited.

69-2428 - Permit to carry concealed handgun; authorized.

69-2429 - Terms, defined.

69-2430 - Application; form; contents; prohibited acts; penalty; permit issuance; denial; appeal.

69-2431 - Fingerprinting; criminal history record information check.

69-2432 - Nebraska State Patrol; handgun training and safety courses and instructors; duties; certificate of completion of course; fee.

69-2433 - Applicant; requirements.

69-2434 - Permit; design and form.

69-2435 - Permitholder; continuing requirements; return of permit; when.

69-2436 - Permit; period valid; fee; renewal; fee; notice of expiration.

69-2437 - Permit; nontransferable.

69-2438 - Limitation on liability.

69-2439 - Permit; application for revocation; prosecution; fine; costs.

69-2440 - Permitholder; duties; contact with peace officer or emergency services personnel; procedures for securing handgun.

69-2441 - Permitholder; locations; restrictions; posting of prohibition; consumption of alcohol; prohibited.

69-2442 - Injury to person or damage to property; permitholder; report required.

69-2443 - Violations; penalties; revocation of permit.

69-2444 - Listing of applicants and permitholders; availability; confidential information.

69-2445 - Carrying concealed weapon under other law; act; how construed.

69-2446 - Rules and regulations.

69-2447 - Department of Motor Vehicles records; use and update of information.

69-2448 - License or permit issued by other state or District of Columbia; how treated.

69-2449 - Information to permitholder regarding lost or stolen handgun or firearm.

69-2501 - Act, how cited.

69-2502 - Terms, defined.

69-2503 - Conformity with industry standards; codes required; department; duties.

69-2504 - Violations; penalty; enforcement duties.

69-2506 - Administrative costs; limitation; payment.

69-2507 - Act; applicability.

69-2601 - Act, how cited.

69-2602 - Definitions, where found.

69-2603 - Assistive device, defined.

69-2604 - Assistive device dealer, defined.

69-2605 - Assistive device lessor, defined.

69-2606 - Collateral costs, defined.

69-2607 - Consumer, defined.

69-2608 - Demonstrator, defined.

69-2609 - Major life activity, defined.

69-2610 - Manufacturer, defined.

69-2611 - Nonconformity, defined.

69-2612 - Reasonable allowance for use, defined.

69-2613 - Reasonable attempt to repair, defined.

69-2614 - Manufacturer; express warranty; requirements.

69-2615 - Manufacturer; consumer; assistive device lessor; duties.

69-2616 - Returned assistive device; resale or subsequent lease; lease; enforcement.

69-2617 - Rights and remedies.

69-2618 - Rental assistive device reimbursement; when.

69-2619 - Act; applicability.

69-2701 - Tobacco Enforcement Fund; created; use; investment.

69-2702 - Tobacco product manufacturer; terms, defined.

69-2703 - Tobacco product manufacturer; requirements to sell within the state.

69-2703.01 - Unconstitutionality of amendatory provision; effect.

69-2703.02 - Tobacco product manufacturer; qualified escrow fund; irrevocable assignment; form; amounts withdrawn; distribution.

69-2704 - Legislative findings.

69-2705 - Terms, defined.

69-2706 - Tobacco product manufacturer; certification; contents; Tax Commissioner; powers and duties; directory; prohibited acts.

69-2707 - Nonresident or foreign nonparticipating manufacturer; agent for service of process.

69-2707.01 - Nonparticipating manufacturers; bond or cash equivalent; amount; provide evidence to Attorney General and Tax Commissioner; failure to make escrow deposits; execution upon bond.

69-2708 - Stamping agent; duties; Tax Commissioner; Attorney General; powers.

69-2708.01 - Stamping agent; responsible for escrow deposits; when; liability; calculation.

69-2709 - Revocation or suspension of stamping agent license; civil penalty; termination of license; grounds; violations; penalties; effect of termination; eligibility for reinstatement; directory license; termination; procedure; contraband; actions...

69-2710 - Removal from directory; procedure.

69-2710.01 - Report; contents.

69-2710.02 - License of stamping agent; termination; grounds; cure; notice; reinstatement; removal from directory; grounds; cure; notice; procedure.

69-2710.03 - Rules and regulations.

69-2711 - Conflict of laws; how treated.