Revision: July 22, 2010, midnight
SB 368 – FINAL VERSION
SENATE BILL 368
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
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:
341:1 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.
341:2 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. In the alternative, if the seller has performed work that has physically altered the property of the buyer and it can be reasonably restored to its original condition, the buyer may demand, in lieu of a refund, full restoration of the property to its original condition.
341:3 Definition of Home Solicitation Sale; Amount. Amend RSA 361-B:1 to read as follows:
361-B:1 Definition. “Home solicitation sale” means a sale of goods or services, priced at $[
25] 150 or more, in which a seller, a seller’s representative, or a person acting for a seller engages in a solicitation and sale at any place other than a permanent place of business of the seller. A cash or credit sale so consummated shall be deemed to be a home solicitation sale.
341:4 Effective Date. This act shall take effect January 1, 2011.
Approved: July 20, 2010
Effective Date: January 1, 2011