Within ten days after a home solicitation sale has been cancelled or an offer to purchase has been revoked, the seller shall tender to the buyer any payment made by the buyer to him and any note or other evidence of indebtedness taken in the transaction. A provision permitting the seller to keep all or part of any payment, note or other evidence of indebtedness is in violation of this section and unenforceable. If any down payment included goods traded in, the seller shall return the goods in substantially as good a condition as when he received them. If a seller has failed to tender goods as required by this section, the buyer may elect to recover an amount equal to the trade-in allowance on such goods as stated in the agreement. Until a seller has complied with all the obligations imposed by this section, a buyer may keep any goods delivered to him by the seller and he is hereby given a lien on such goods for the purpose of making any recovery to which he is entitled by this section.
Structure West Virginia Code
Chapter 46A. West Virginia Consumer Credit and Protection Act
Article 2. Consumer Credit Protection
§46A-2-101. Holders of Negotiable Instruments Subject to Claims and Defenses
§46A-2-102. Assignee Subject to Claims and Defenses
§46A-2-103. Lender Subject to Claims and Defenses Arising From Sales
§46A-2-103a. Lessor Subject to Claims and Defenses Arising From Leases
§46A-2-104. Notice to Cosigners
§46A-2-106. Notice of Consumer's Right to Cure Default; Cure; Acceleration
§46A-2-107. Security in Sales or Leases
§46A-2-109. Debt Secured by Cross-Collateral
§46A-2-110. Referral Sales or Leases
§46A-2-111. Consumer Leases; Information to Be Furnished
§46A-2-112. Restriction on Liability in Consumer Lease
§46A-2-113. Notice of Assignment
§46A-2-114. Receipts; Statements of Account; Evidence of Payment
§46A-2-115. Limitation on Default Charges
§46A-2-116. Assignment of Earnings
§46A-2-117. Authorization to Confess Judgment Prohibited
§46A-2-118. No Garnishment Before Judgment
§46A-2-119. Restrictions on Deficiency Judgments
§46A-2-119a. Secured Transaction; Use of Price Guide Value in Calculating Deficiency or Surplus
§46A-2-120. Extortionate Extensions of Credit
§46A-2-121. Unconscionability; Inducement by Unconscionable Conduct
§46A-2-123. Practice of Law by Debt Collectors
§46A-2-124. Threats or Coercion
§46A-2-125. Oppression and Abuse
§46A-2-126. Unreasonable Publication
§46A-2-127. Fraudulent, Deceptive or Misleading Representations
§46A-2-128. Unfair or Unconscionable Means
§46A-2-129a. Deceptive or Oppressive Telephone Calls
§46A-2-130. Limitation on Garnishment
§46A-2-131. No Discharge or Reprisal Because of Garnishment
§46A-2-132. Home Solicitation; Buyer's Right to Cancel; Notice
§46A-2-133. Form of Agreement or Offer to Purchase; Statement of Buyer's Rights
§46A-2-134. Restoration of Down Payment
§46A-2-135. Buyer's Duty; Seller's Right; No Compensation for Certain Services
§46A-2-136. Personal Property Exemptions
§46A-2-137. Service of Process on Certain Nonresidents
§46A-2-138. Buyer's Right to Cancel Certain Subscriptions and Other Obligations
§46A-2-139. Unlawful Commercial Facsimile Transmission; Right of Action for Injunction, Damages
§46A-2-140. Pleadings Not to Be the Basis of a Cause of Action