Revision: Jan. 12, 2010, midnight
SB 368 – AS INTRODUCED
2010 SESSION
05/09
SENATE BILL 368
AN ACT relative to notice required under the retail selling statute.
SPONSORS: Sen. Cilley, Dist 6; Sen. Reynolds, Dist 2; Sen. Lasky, Dist 13; Sen. Letourneau, Dist 19; Rep. Nixon, Hills 17; Rep. DiFruscia, Rock 4
COMMITTEE: Commerce, Labor and Consumer Protection
This bill requires the seller engaged in a home solicitation sale to provide written notice of the buyer’s rights under the contract. The bill also permits the buyer to obtain a refund from the seller if the buyer cancels the transaction in accordance with the statute, notwithstanding the fact that the seller has performed services under the contract within that period.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
10-2753
05/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT relative to notice required under the retail selling statute.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Retail Selling; Home Solicitation Contract; Notice Required. Amend RSA 361-B:2, I(a) to read as follows:
(a) A home solicitation sale shall be deemed to be in compliance with the requirements of RSA 361-B:2, I, if the seller guarantees in writing that (1) The buyer may at any time: (i) cancel the order, or (ii) refuse to accept the goods when delivered without incurring any obligation to pay for them, or (iii) return the goods to the seller and receive a full refund for any amount the buyer has paid, and (2) the buyer’s right to cancel the order, refuse delivery or return the goods without obligation or charge at any time is clearly and unmistakably set forth on the face or reverse side of the sales ticket, receipt or contract.
2 New Subparagraph; Notice; Refund Following Cancellation. Amend RSA 361-B:2, I by inserting after subparagraph (b) the following new subparagraph:
(b-1) If the buyer cancels the transaction in accordance with this chapter, and within the cancellation period the seller has performed services or has performed work that has physically altered the property of the buyer, the buyer shall be entitled to a refund of all funds transferred to the seller, and the seller shall not be entitled to deduct the value of such services or work from the refund. If the seller has performed work that has physically altered the property of the buyer, the buyer may elect to demand full restoration of the property to its original condition.
3 Effective Date. This act shall take effect January 1, 2011.