North Carolina General Statutes
Chapter 25A - Retail Installment Sales Act
§ 25A-41 - Restoration of down payment; retention of goods.

25A-41. Restoration of down payment; retention of goods.
(a) Except as provided in this section, within 10 business days after a home-solicitation sale has been canceled or an offer to purchase revoked in accordance with G.S. 25A-40, the seller must 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 must be tendered at the buyer's residence in substantially as good condition as when received by the seller. 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(c) Repealed by Session Laws 1975, c. 805, s. 3.
(d) 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 in his possession or control for any recovery to which he is entitled. (1971, c. 796, s. 1; 1975, c. 805, s. 3.)

Structure North Carolina General Statutes

North Carolina General Statutes

Chapter 25A - Retail Installment Sales Act

§ 25A-1 - Scope of act.

§ 25A-2 - "Consumer credit sale" defined.

§ 25A-3 - "Payable in installments" defined.

§ 25A-4 - "Goods" defined.

§ 25A-5 - "Services" defined.

§ 25A-6 - "Seller" defined.

§ 25A-7 - "Cash price" defined.

§ 25A-8 - "Finance charge" defined.

§ 25A-9 - "Amount financed" defined.

§ 25A-10 - "Official fees" defined.

§ 25A-11 - "Revolving charge account contract" defined.

§ 25A-12 - "Consumer credit installment sale contract" defined.

§ 25A-13 - "Consumer Credit Protection Act" defined.

§ 25A-14 - Finance charge rates and service charge for revolving charge account contracts.

§ 25A-15 - Finance charge rates for consumer credit installment sale contracts.

§ 25A-16 - Transfer of equity.

§ 25A-17 - Additional charges for insurance.

§ 25A-18 - Confession of judgment.

§ 25A-19 - Acceleration.

§ 25A-20 - Disclaimer of warranty.

§ 25A-21 - Attorneys' fees.

§ 25A-22 - Receipts for payments; return of title documents upon full payment.

§ 25A-23 - Collateral taken by the seller.

§ 25A-24 - Identification of instruments of indebtedness.

§ 25A-25 - Preservation of consumers' claims and defenses.

§ 25A-26 - Substitution of collateral.

§ 25A-27 - Application of payments.

§ 25A-28 - Form of consumer credit installment sale contract.

§ 25A-29 - Default charges.

§ 25A-30 - Deferral charges.

§ 25A-31 - Consolidation and refinancing.

§ 25A-32 - Rebates on prepayment.

§ 25A-32.1 - Unearned finance charge credits on prepayment of loans secured by real property and mobile home loans.

§ 25A-33 - Terms of payments.

§ 25A-34 - Balloon payments.

§ 25A-35 - Statement of account.

§ 25A-36 - Certificates of insurance and rebates.

§ 25A-37 - Referral sales.

§ 25A-38 - "Home-solicitation sale" defined.

§ 25A-39 - Buyer's right to cancel.

§ 25A-40 - Form of agreement or offer; statement of buyer's rights.

§ 25A-41 - Restoration of down payment; retention of goods.

§ 25A-42 - Duties as to care and return of goods; no compensation for services prior to cancellation.

§ 25A-43 - Unconscionability.

§ 25A-44 - Remedies and penalties.

§ 25A-45 - Conflict with Consumer Credit Protection Act.