§ 444 — Restoration of down payment

§ 444. Restoration of down payment. 1. Within thirty days after a\ntelephone sale has been cancelled, the seller shall recredit the buyer's\ncharge account.\n 2. If the down payment includes goods traded in, the goods shall be\ntendered in substantially as good condition as when received by the\nseller. If the seller fails to tender the goods as provided by this\nsection, the buyer may elect to recover an amount equal to the trade-in\nallowance stated in the agreement.\n 3. If the seller refuses within the period prescribed by subdivision\none of this section to return all payments made by the buyer, he shall\nbe liable to the buyer for the said payments and if the buyer is\nsuccessful in his action therefor or appeal thereon, the court shall\naward him one hundred dollars and may award reasonable attorney's fees\nand costs, in addition to such payments. In addition to such an action,\nsuch payments and the one hundred dollar amount may be recovered from\nany telemarketer maintaining a bond pursuant to subdivision four of\nsection three hundred ninety-nine-pp of the general business law, or the\nsurety or bank, trust company, savings bank or savings and loan\nassociation in an action on the bond. Nothing in the preceding sentence\nshall authorize the awarding of attorney's fees and costs against the\nsurety, bank, trust company or savings and loan association.\n 4. Until the seller has complied with this section, the buyer may\nretain possession of goods delivered to him by the seller and shall have\na lien on the goods in his possession or control for any recovery to\nwhich he may be entitled.\n