§ 40-14-253 — Form of agreement or offer; statement of buyer's rights; form of notice of cancellation; compliance by seller

Wyoming § 40-14-253

• Jurisdiction: Wyoming
• Title 40: Trade and Commerce
• Ch. 14: WYOMING UNIFORM CONSUMER CREDIT CODE
• Art. 2: CREDIT SALES

Text

(a) In a home solicitation sale, unless the buyer requests
the seller to provide goods or services without delay in an
emergency, the seller shall:
(i) Present to the buyer and obtain his signature to
a written agreement or offer to purchase which:
(A) Is in the same language as that principally
used in the oral sales presentation;
(B) Designates the date on which the buyer
actually signs as the date of the transaction;
(C) Contains the name and address of the seller;
and
(D) In immediate proximity to the space reserved
for the buyer's signature, contains a statement of the buyer's
rights which substantially complies with subsection (b) of this
section.
(ii) Provide a notice of cancellation form which
substantially complies with subsection (c) of this section.
(b) The statement of the buyer's rights shall:
(i) Appear under the conspicuous caption "Buyer's
right to cancel";
(ii) Be printed in boldface type of a minimum size of
ten (10) points; and
(iii) Read as follows: "You, the buyer, may cancel
this transaction at any time prior to 12:00 midnight of the
third business day after the date of this transaction. See the
attached notice of cancellation form for an explanation of this
right.".
(c) The notice of cancellation form shall:
(i) Be completed in duplicate;
(ii) Appear under the conspicuous caption "Notice of
cancellation";
(iii) Be printed in boldface type of a minimum size
of ten (10) points;
(iv) Be printed in the same language used in the
written agreement or offer to purchase;
(v) Be attached to the written agreement or offer to
purchase and be easily detachable; and
(vi) Read as follows:
"You may cancel this transaction without any penalty or
obligation within three (3) business days from .... (enter date
of transaction). If you cancel, any property traded in, any
payments made by you under the contract or sale and any
negotiable instrument executed by you will be returned within
ten (10) business days following receipt by the seller of your
cancellation notice. Any security interest arising out of the
transaction will be cancelled.
If you cancel, you must make available to the seller at
your residence, in substantially as good condition as when
received, any goods delivered to you under this contract or
sale, or you may if you wish comply with the instructions of the
seller regarding the return shipment of the goods at the
seller's expense and risk.
If you do make the goods available to the seller and the
seller does not pick them up within twenty (20) days of the date
of your notice of cancellation, you may retain or dispose of the
goods without any further obligation. If you fail to make the
goods available to the seller, or if you agree to return the
goods to the seller and fail to do so, then you remain liable
for performance of all obligations under the contract.
To cancel this transaction, mail or deliver a signed and
dated copy of this cancellation notice or any other written
notice, or send a telegram, to .... (name of seller), at ....
(address of seller's place of business) not later than 12:00
midnight of .... (date).
I hereby cancel this transaction.
(Date) (Buyer's signature)"
(d) Until the seller has complied with this section, the
buyer may cancel the home solicitation sale by notifying the
seller of his intention to cancel.