Duty of buyer - no compensation for services prior to cancellation.

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(1) Except as provided by the provisions on retention of goods by the buyer contained in section 53-404 (3) and allowing for ordinary wear and tear or consumption of the goods contemplated by the transaction, within a reasonable time after a home solicitation sale has been canceled or an offer to purchase revoked, the buyer upon demand must tender to the seller any goods delivered by the seller pursuant to the sale, but the buyer is not obligated to tender at any place other than the buyer's residence. If the seller fails to demand possession of goods within a reasonable time after cancellation or revocation, the goods become the property of the buyer without obligation to pay for them. For the purpose of this section, forty days is presumed to be a reasonable time.

  1. The buyer has a duty to take reasonable care of the goods in his or her possessionbefore cancellation or revocation and for a reasonable time thereafter during which time the goods are otherwise at the seller's risk.

  2. If a home solicitation sale is canceled, the seller is not entitled to compensation forany services the seller performed pursuant to it.

Source: L. 2000: Entire article R&RE, p. 1224, § 1, effective July 1.

Editor's note: This section is similar to former § 5-2-505, as it existed prior to 2000.


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