§ 24-5-11-10.6 — Contracts entered after June 30, 2017; statement of right to cancel; notice of cancellation; consumer's right to cancel; effective date of notice; return of payment or deposit; emergency or temporary services performed

Indiana § 24-5-11-10.6

• Jurisdiction: Indiana
• Art. 5: CONSUMER SALES
• Ch. 11: Home Improvement Contracts

Text

6. (a) This section applies to a real property
improvement contract that is entered into by a real property
improvement supplier and a consumer after June 30, 2017.
(b) Before entering into a real property improvement contract with
a consumer, the real property improvement supplier must inform the
consumer of the consumer's rights under this section by doing the
following:
(1) Furnishing to the consumer the following statement: "You
may cancel this contract at any time before midnight on the third
business day after the later of the following:
(A) The date this contract is signed by you and (name of real
property improvement supplier).
(B) If applicable, the date you receive written notification from
your insurance company of a final determination as to whether
all or any part of your claim or this contract is a covered loss
under your insurance policy.
See attached notice of cancellation form for an explanation of this
right.".
(2) Furnishing to the consumer a form, in duplicate, that is
captioned "NOTICE OF CANCELLATION" and is attached to
the contract but easily detachable, and that contains the following
statement in at least 10 point, boldface type:
"NOTICE OF CANCELLATION
You may cancel this contract by mailing, delivering, or submitting
by electronic mail a signed and dated copy of this cancellation
notice or any other written notice to (name of real property
improvement supplier) at (address of real property improvement
supplier's place of business), or (electronic mail address described
in section 10(a)(2)(A) or 10(a)(2)(B)(iii) of this chapter), at any
time before midnight on the third business day after the later of
the following:
(A) The date this contract is signed by you and (name of real
property improvement supplier).
(B) If applicable, the date you receive written notification from
your insurance company of a final determination as to whether
all or any part of your claim or this contract is a covered loss
under your insurance policy.
If you cancel this contract, any payments made by you under the
contract will be returned to you within ten (10) business days
following receipt by (name of real property improvement
supplier) of your cancellation notice, minus any amounts you may
owe for work already done by (name of real property
improvement supplier).
I HEREBY CANCEL THIS TRANSACTION
_______________________________
(date)
_______________________________
(consumer's signature)".
(c) A consumer may cancel a real property improvement contract
under this section before midnight on the third business day after the
later of the following:
(1) The date the real property improvement contract is signed by
the consumer and the real property improvement supplier.
(2) If applicable, the date the consumer receives written
notification from the consumer's insurance company of a final
determination as to whether all or any part of the consumer's
claim or the real property improvement contract is a covered loss
under the consumer's insurance policy.
(d) A consumer who seeks to cancel a real property improvement
contract under this section must provide to the real property
improvement supplier, at the address or electronic mail address
specified in the form provided under subsection (b), written notice of
the consumer's intent not to be bound by the contract. If the notice of
cancellation is sent by mail, the notice is effective upon deposit of the
notice into the United States mail, with postage prepaid and the notice
properly addressed to the real property improvement supplier. If the
notice of cancellation is submitted by electronic mail, the notice is
effective on the date it is electronically submitted. Subject to
subsection (e), not later than ten (10) days after a real property
improvement contract is canceled under this section, the real property
improvement supplier shall tender to the consumer:
(1) any payment or deposit made by the consumer; and
(2) any note or other evidence of indebtedness of the consumer.
(e) If:
(1) a consumer cancels a real property improvement contract
under this section; and
(2) the real property improvement supplier has performed
emergency or temporary services that the consumer
acknowledged in writing before their performance to be necessary
to prevent damage to the real property;
the real property improvement supplier is entitled to the reasonable
value of the emergency or temporary services performed.

Legislative History

As added by P.L.170-2017, SEC.20.