§ 4-89-101. Purpose
The purpose of this chapter is to promote the public welfare by regulating home solicitation sales so that the consumer shall not become a victim of deceptive sales practices.
§ 4-89-102. Definitions
As used in this chapter, unless the context otherwise requires: (1) “Appropriate trade premises” means premises at which either the owner or seller normally carries on a business or where goods are normally offered or exposed for sale in the course of business carried on at those premises; (2) “Deceptive trade practices” means the following […]
§ 4-89-103. Contracts excepted from chapter
The provisions of this chapter shall not apply to a contract which is executed in connection with the making of emergency repairs or services which are necessary for the immediate protection of persons or real or personal property, or to sales made by a seller who makes seventy-five percent (75%) or more of its sales […]
§ 4-89-104. Penalties
Any person, firm, partnership, corporation, or other entity that knowingly and willfully commits a deceptive trade practice as defined in § 4-89-102(2) shall be guilty of a Class A misdemeanor.
§ 4-89-105. Damages
For a violation which is subject to the provisions of this chapter, the consumer shall recover from the persons violating this chapter an amount equal to: (1) Ten percent (10%) of the transaction total or one hundred dollars ($100), whichever is greater; and (2) The actual damages, including any incidental, consequential, and special damages sustained […]
§ 4-89-106. Enforcement of chapter
(a) (1) Any home solicitation sale conducted in violation of this chapter shall constitute an unfair and deceptive act or practice as defined by the Deceptive Trade Practices Act, § 4-88-101 et seq. (2) All remedies, penalties, and authority granted to the Attorney General under the Deceptive Trade Practices Act, § 4-88-101 et seq., shall […]
§ 4-89-107. Buyer’s right to cancel offer or contract
(a) In addition to any other right to revoke an offer, the buyer has the absolute right to cancel a home solicitation contract or offer until midnight of the third calendar day, excluding Sundays and holidays as declared in § 1-5-101, after the day on which the buyer signs an agreement. (b) Cancellation occurs when […]
§ 4-89-108. Requirements for enforceable sale — Notice of right to cancellation required
(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 […]
§ 4-89-109. Return of payments and goods by seller
(a) Within ten (10) days after a home solicitation contract or offer has been cancelled, 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 in substantially as good condition […]
§ 4-89-110. Return of goods by buyer — Buyer’s duty
(a) (1) Within twenty (20) days after a home solicitation contract or offer has been cancelled, the buyer, upon demand, must tender to the seller any goods delivered by the seller pursuant to the sale or offer, but he or she is not obligated to tender at any place other than his or her own […]