§ 51-18-07 — Buyer responsibility - Services

North Dakota § 51-18-07

• Jurisdiction: North Dakota
• Title 51: Sales and Exchanges
• Ch. 51-18: Regulation of Home Solicitation Sales

Text

1. Except as provided in subsection 3 of section 51-18-05, within twenty days after a
personal solicitation sale has been canceled, the buyer upon demand shall 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 own address. If the seller fails
to take possession of such goods within twenty days after cancellation, the goods
become the property of the buyer without obligation to pay for them.
2. The buyer shall take reasonable care of the goods in the buyer's possession both prior
to cancellation and during the following twenty-day period. During the twenty-day
period after cancellation, except for the buyer's duty of care, the goods are at the
seller's risk.
3. If the seller has performed any services pursuant to a personal solicitation sale prior to
its cancellation, and if the seller's services result in the alteration of property of the
buyer, the seller shall restore the property to substantially as good condition as it was
in at the time the services were rendered.
4. The buyer may not cancel a personal solicitation sale if the buyer initiates the contract
with the seller and requests the seller to provide goods or services without delay and
the seller in good faith makes a substantial beginning of performance before notice of
cancellation, and the goods cannot be returned to the seller in substantially as good
condition as when the buyer received them.