Legislation
SECTION 429
Restoration of down payment
Personal Property (PEP) CHAPTER 41, ARTICLE 10-A
§ 429. Restoration of down payment. 1. Within ten days after a
door-to-door sale has been cancelled or an offer to purchase revoked,
the seller shall tender to the buyer all payments made by the buyer and
any note or other evidence of indebtedness.
2. If the down payment includes goods traded in, the goods shall be
tendered in substantially as good condition as when received by the
seller. If the seller fails to tender the goods as provided by this
section, the buyer may elect to recover an amount equal to the trade-in
allowance stated in the agreement.
3. If the seller refuses within the period prescribed by subdivision
one to return all payments made by the buyer, he shall be liable to the
buyer for the said payments and if the buyer is successful in his action
therefor or appeal thereon, the court shall award him one hundred
dollars plus reasonable attorney's fees and costs, in addition to such
payments.
4. Until the seller has complied with this section, the buyer may
retain possession of goods delivered to him by the seller and shall have
a lien on the goods in his possession or control for any recovery to
which he may be entitled.
door-to-door sale has been cancelled or an offer to purchase revoked,
the seller shall tender to the buyer all payments made by the buyer and
any note or other evidence of indebtedness.
2. If the down payment includes goods traded in, the goods shall be
tendered in substantially as good condition as when received by the
seller. If the seller fails to tender the goods as provided by this
section, the buyer may elect to recover an amount equal to the trade-in
allowance stated in the agreement.
3. If the seller refuses within the period prescribed by subdivision
one to return all payments made by the buyer, he shall be liable to the
buyer for the said payments and if the buyer is successful in his action
therefor or appeal thereon, the court shall award him one hundred
dollars plus reasonable attorney's fees and costs, in addition to such
payments.
4. Until the seller has complied with this section, the buyer may
retain possession of goods delivered to him by the seller and shall have
a lien on the goods in his possession or control for any recovery to
which he may be entitled.