§ 14-302. Unlawful practices
West's Annotated Code of MarylandCommercial LawEffective: June 1, 2016
Effective: June 1, 2016
MD Code, Commercial Law, § 14-302
§ 14-302. Unlawful practices
It is an unfair or deceptive trade practice within the meaning of Title 13 of this article for a seller to:
“You, the buyer, may cancel this transaction at any time prior to 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”;
“Notice of Cancellation
(Enter date of transaction) | |
.......... | |
(Date) |
You may cancel this transaction, without any penalty or obligation, within three business days from the above date.
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 10 business days following receipt by the seller of your cancellation notice, and any security interest arising out of the transaction will be canceled.
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 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
(name of seller) | (address of seller's place of business) |
......................... , at |
not later than midnight of | |||
(date) |
I hereby cancel this transaction. |
(date) |
(Buyer's signature)”; |
(3) Fail, before furnishing copies of the “Notice of Cancellation” to the buyer, to complete both copies by entering the name of the seller, the address of the seller's place of business, the date of the transaction, and the date, not earlier than the third business day following the date of the transaction, by which the buyer may give notice of cancellation;
(10) Solicit a sale or order for sale of goods or services at the residence of a prospective buyer, without clearly, affirmatively and expressly revealing at the time the person initially contacts the prospective buyer, and before making any other statement, except a greeting, or asking the prospective buyer any other questions:
(iv) And, the person making the solicitation shall, in addition to meeting the requirements of paragraphs (i), (ii), and (iii), show and display identification which states the information required by paragraphs (i) and (ii) as well as the address of the place of business of one of the persons identified; or
Credits
Added by Acts 1975, c. 49, § 3, eff. July 1, 1975. Amended by Acts 1976, c. 156; Acts 1988, c. 6, § 1; Acts 1989, c. 5, § 1; Acts 2016, c. 485, § 1, eff. June 1, 2016.
MD Code, Commercial Law, § 14-302, MD COML § 14-302
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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