§ 25A-36 – Certificates of insurance and rebates.
25A-36. Certificates of insurance and rebates. (a) Within 45 days following the purchase of insurance by the buyer from or through the seller, the seller shall deliver, send or cause to be sent to the buyer a policy or policies of such insurance or a certificate or certificates thereof. If such insurance is cancelled, or […]
§ 25A-37 – Referral sales.
25A-37. Referral sales. The advertisement for sale or the actual sale of any goods or services (whether or not a consumer credit sale) at a price or with a rebate or payment or other consideration to the purchaser that is contingent upon the procurement of prospective customers provided by the purchaser, or the procurement of […]
§ 25A-38 – "Home-solicitation sale" defined.
25A-38. "Home-solicitation sale" defined. "Home-solicitation sale" means a consumer credit sale of goods or services in which the seller or a person acting for him engages in a personal solicitation of the sale at a residence of the buyer and the buyer’s agreement or offer to purchase is there given to the seller or a […]
§ 25A-39 – Buyer's right to cancel.
25A-39. Buyer’s right to cancel. (a) Except as provided in subsection (e) of this section, in addition to any right otherwise to revoke an offer, the buyer has the right to cancel a home-solicitation sale until midnight of the third business day after the day on which the buyer signs an agreement or offer to […]
§ 25A-40 – Form of agreement or offer; statement of buyer's rights.
25A-40. Form of agreement or offer; statement of buyer’s rights. (a) In a home-solicitation sale the seller must present to the buyer and obtain his signature to a fully completed written agreement or offer to purchase which is in the same language as that principally used in the oral sales presentation and which designates as […]
§ 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 […]
§ 25A-42 – Duties as to care and return of goods; no compensation for services prior to cancellation.
25A-42. Duties as to care and return of goods; no compensation for services prior to cancellation. (a) Except as provided by the provisions on retention of goods by the buyer (G.S. 25A-41(d)), within a reasonable time after a home-solicitation sale has been canceled, the buyer must make available to the seller at the buyer’s residence […]
§ 25A-43 – Unconscionability.
25A-43. Unconscionability. (a) With respect to a consumer credit sale, if the court finds the agreement or any clause of the agreement to have been unconscionable at the time it was made, the court may refuse to enforce the agreement, or it may enforce the remainder of the agreement without the unconscionable clause, or it […]
§ 25A-44 – Remedies and penalties.
25A-44. Remedies and penalties. In addition to remedies hereinbefore provided, the following remedies shall apply to consumer credit sales: (1) In the event that a consumer credit sale contract requires the payment of a finance charge not more than two times in excess of that permitted by this Chapter, the seller or an assignee of […]
§ 25A-45 – Conflict with Consumer Credit Protection Act.
25A-45. Conflict with Consumer Credit Protection Act. In all cases of irreconcilable conflict between the provisions of this Chapter and the provisions of the Consumer Credit Protection Act, the provisions of the Consumer Credit Protection Act shall control. (1971, c. 796, s. 3.)