§ 40-12-104 — Home solicitation sales

Wyoming § 40-12-104

• Jurisdiction: Wyoming
• Title 40: Trade and Commerce
• Ch. 12: CONSUMER PROTECTION
• Art. 1: IN GENERAL

Text

(a) For purposes of this section, "home solicitation sale"
means the sale or lease of merchandise, other than farm
equipment, for cash when the cash sales price, whether under a
single sale or multiple sales, exceeds twenty-five dollars
($25.00) and in which the seller or a person acting for him
engages in a personal solicitation of the sale at the residence
of the buyer and the buyer's agreement or offer to purchase is
there given to the seller or a person acting for him. A personal
solicitation of a sale at the residence of the buyer includes
contact with the buyer in person or by telephone. "Home
solicitation sale" does not include:
(i) A sale made pursuant to a preexisting revolving
charge account;
(ii) A sale made subsequent to a personal contact or
a telephone contact at the residence of the buyer but pursuant
to negotiations between the parties at a business establishment
at a fixed location where goods or services are offered or
exhibited for sale;
(iii) A sale made pursuant to a telephone
solicitation when the seller offers a full refund and right of
cancellation for at least ten (10) days after receipt of the
merchandise and the right of refund and cancellation is
communicated during the initial telephone solicitation and is
conspicuously displayed with the merchandise; or
(iv) A sale in which a consumer acquires use of
property under a rental-purchase agreement as defined in W.S.
40-19-102(a)(xi), with an initial period of one (1) week or
less, by placing a telephone call to a merchant and by
requesting that specific property be delivered to the consumer's
residence or such other place as the consumer directs and such
rental-purchase agreement is consummated at the consumer's
residence.
(b) Except as hereinafter provided, in addition to any
right otherwise to revoke an offer, the buyer has the right to
cancel a home solicitation sale until midnight of the third
business day after the day on which the buyer signs an agreement
or offer to purchase which complies with this part. Cancellation
occurs when the buyer gives written notice of cancellation to
the seller at the address stated in the agreement or offer to
purchase. Notice of cancellation, if given by mail, is given
when it is deposited in a mailbox properly addressed and postage
prepaid. Notice of cancellation given by the buyer need not take
a particular form and is sufficient if it indicates by any form
of written expression the intention of the buyer not to be bound
by the home solicitation sale.
(c) The buyer may not cancel a home solicitation sale if
the buyer requests the seller to provide goods or services
without delay because of an emergency and:
(i) The seller in good faith makes a substantial
beginning of performance of the contract before the buyer gives
notice of cancellation; and
(ii) In the case of goods, the goods cannot be
returned to the seller in substantially as good condition as
when received by the buyer.
(d) The period within which cancellation may occur
pursuant to this section shall not commence until the buyer is
furnished a copy of the completed, approved and accepted
contract, is given the name and address to which the notice of
cancellation should be sent and is provided with a written
statement of his right of cancellation. The statement of the
buyer's right of cancellation shall comply with W.S.
40-14-253(b).
(e) Except as hereinafter provided, within ten (10) days
after a home solicitation sale has been cancelled:
(i) The seller must tender to the buyer any payments
made by the buyer and any note or other evidence of
indebtedness;
(ii) If the down payment includes goods traded in,
the goods must be tendered in substantially as good condition as
when received by the seller, and if the seller fails to tender
the goods as provided by this subsection, the buyer may elect to
recover an amount equal to the trade-in allowance stated in the
agreement;
(iii) The seller may retain as a cancellation fee
five percent (5%) of the cash price but not exceeding the amount
of the cash down payment. If the seller fails to comply with an
obligation imposed by this section, or if the buyer voids the
sale on any ground independent of his right to cancel or revokes
his offer to purchase, the seller is not entitled to retain a
cancellation fee;
(iv) Until the seller has complied with the
obligations imposed by this subsection, the buyer may retain
possession of goods delivered to him by the seller and has a
lien on the goods in his possession or control for any recovery
to which he is entitled.
(f) Except as provided under subsection (e) of this
section, within a reasonable time after a home solicitation sale
has been cancelled or an offer to purchase revoked, the buyer
upon demand must tender to the seller any goods delivered by the
seller pursuant to the sale but he is not obligated to tender at
any place other than his residence. If the seller fails to
demand possession of the goods within thirty (30) days after
cancellation or revocation, the goods become the property of the
buyer without obligation to pay for them.
(g) The buyer has a duty to take reasonable care of the
goods in his possession before cancellation or revocation and
for thirty (30) days thereafter, during which time the goods are
otherwise at the seller's risk.
(h) If the seller has performed any services pursuant to a
home solicitation sale prior to its cancellation, the seller is
entitled to no compensation except the cancellation fee provided
in this section.