(a) A home solicitation sale is not enforceable by way of action or defense unless there is a writing which:
(1) Is sufficient to indicate that a contract for sale has been made between the parties;
(2) Is signed by both the consumer and the seller;
(3) Contains no provision not included in the oral sales presentation;
(4) Contains the name and address of the seller; and
(5) Contains the date on which the consumer actually signs the writing.
(b) A home solicitation sale is not enforceable by way of action if:
(1) The seller does not provide the consumer with a fully completed copy of the writing at the time the consumer actually signs the writing; or
(2) The seller commits a deceptive trade practice as defined by this chapter.
(c) In a home solicitation sale, the seller must furnish to the buyer at the time he or she signs the sales contract or otherwise agrees to buy consumer goods or services from the seller a completed form in duplicate, captioned “NOTICE OF CANCELLATION”, which shall be attached to the contract or receipt and easily detachable and which shall contain in 10-point bold face type the following information and statements:
(d) If seller fails to give both oral and written notice of the buyer's right to cancellation, the cooling-off period does not begin to run until actual notice is given, and the buyer is no longer obliged to return the goods in substantially the same condition.
“NOTICE OF CANCELLATION (Enter date of transaction) You are entitled to cancel the agreement or offer referred to above at any time prior to midnight of the third day, excluding Sundays and holidays, after the day you signed the agreement or offer. In the event you cancel, the seller must return to you (1) any payments made; (2) any goods or other property (or a sum equal to the amount of the trade-in allowance given therefor); and (3) any note or other evidence of indebtedness, given by you to the seller pursuant to or in connection with the agreement or offer. After cancellation, the seller is entitled to receive back from you at your address any goods previously delivered by him or her to you in substantially the same condition as delivered, providing he or she has returned any payments and goods or other property received from you, to the extent indicated above. If the seller does not call for his or her goods at your address within twenty (20) days after you give notice of cancellation, you may keep them as your own. TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER WRITTEN NOTICE TO (Name of seller) AT (Address of seller's place of business) NOT LATER THAN MIDNIGHT OF (Date) I HEREBY CANCEL THIS TRANSACTION (Date) (Buyer's signature).”
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