2013 South Dakota Codified Laws
Title 37 - TRADE REGULATION
Chapter 24 - Deceptive Trade Practices And Consumer Protection
§ 37-24-5.3 Door to door seller's failure to inform buyer of right to cancel.


SD Codified L § 37-24-5.3 (2013) What's This?

37-24-5.3. Door to door seller's failure to inform buyer of right to cancel. It is a deceptive act or practice, within the meaning of § 37-24-6, for any seller, in connection with any door to door sale, to:

(1) Fail to furnish the buyer with a fully completed receipt or copy of any contract pertaining to such sale at the time of its execution which shows the date of the transaction and contains the name and address of the seller, and in immediate proximity to the space reserved in the contract for the signature of the buyer or on the front page of the receipt if a contract is not used and in bold face type of a minimum size of ten points, a statement in substantially the following form:

"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.";

(2) Fail to inform each buyer orally, at the time he signs the contract or purchases the goods or services, of his right to cancel;

(3) Misrepresent in any manner the buyer's right to cancel.
Source: SDCL, § 37-24-6 as added by SL 1975, ch 244, § 7 (a), (e), (f).

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