§ 69-1604 — Notice of right to cancel; form; foreign language; when delivered; time; exception

Nebraska § 69-1604

• Jurisdiction: Nebraska
• Ch. 69: Personal Property

Text

(1) Whenever a buyer has the right to cancel a home solicitation sale, the seller's contract shall contain a notice to be printed in capital and lowercase letters of not less than ten-point boldface type and appear under the conspicuous caption: BUYER'S RIGHT TO CANCEL; which shall read as follows: You may cancel this agreement by mailing a written notice to (Insert name and mailing address of seller) before midnight of the third business day after you signed this agreement. If you wish, you may use this page as that notice by writing "I hereby cancel" and adding your name and address.
(2) A home solicitation sales contract which contains the Notice of Cancellation form and content provided in the Federal Trade Commission's trade regulation rule providing a cooling-off period shall be deemed as complying with the requirements of subsection (1) of this section, so long as the Federal Trade Commission language provides at least equal information to the consumer concerning his right to cancel as is required by sections 69-1601 to 69-1607 .
(3) A seller who in the ordinary course of business regularly uses a language other than English in any advertising or other solicitation of customers or in any printed forms for use by buyers or in any face-to-face negotiations with buyers, shall give the notice described in this section to a buyer whose principal language is such other language, both in English and in the other language.
(4) The notice required under this section shall be delivered either after all the credit cost disclosures have been made to the buyer as required by the federal Consumer Credit Protection Act and the buyer has signed the writing evidencing the transaction, or contemporaneously therewith, but not before.
(5) Until the seller has complied with this section the buyer may cancel the home solicitation sale by notifying the seller in any manner and by any means of his intention to cancel. The three-business-day period prescribed by sections 69-1601 to 69-1607 shall begin to run from the time the seller complies with this section.
(6) The notice provisions under this section shall not be required in a transaction involving an order for goods to be delivered at one time if: (a) The order is evidenced only by a sales ticket or invoice, a copy of which must be provided to the buyer, which clearly and unmistakably sets forth on the face or reverse side of the sales ticket or invoice the buyer's right to cancel the order, refuse delivery or return the goods without obligation or charge; (b) the goods are not delivered within three business days of the date of the order; and (c) the buyer may refuse to accept the goods when they are delivered without incurring any obligation to pay for them or the expenses associated with the transaction, including mailing or shipping charges, or the buyer may, upon inspecting the goods after delivery, return them within three business days to the seller and receive a full refund for any amounts the buyer has paid including mailing and shipping charges.

Legislative History

Source: Laws 1974, LB 212, § 4. Annotations: A buyer may cancel a home solicitation sale in any manner and by any means if the seller has not complied with the requirements for the notice of cancellation found in this section. Flodman v. Robinson, 22 Neb. App. 943, 864 N.W.2d 716 (2015). As an alternative to the language provided in this section for the seller's notice of cancellation, a seller is permitted to use the language provided by the Federal Trade Commission. Flodman v. Robinson, 22 Neb. App. 943, 864 N.W.2d 716 (2015). This section contains the language a seller is required to include in a notice of cancellation. Flodman v. Robinson, 22 Neb. App. 943, 864 N.W.2d 716 (2015).