Table of Contents Sec. 42-134. Definition. Section 42-134 is repealed. Sec. 42-134a. Definitions. As used in this chapter: Sec. 42-135. Notice in sales agreement. Seller to complete prior to signing by
buyer. Section 42-135 is repealed. .... (Date of Transaction) YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY
OR OBLIGATION, WITHIN THREE BUSINESS DAYS FROM THE
ABOVE DATE. .... (Buyer's Signature) (P.A. 76-165, S. 2, 8; P.A. 78-331, S. 36, 58.) Sec. 42-136. Note or evidence of indebtedness given by buyer. (a) Any note or
other evidence of indebtedness given by a buyer in respect of a home solicitation sale
shall be dated not earlier than the date of the agreement or offer to purchase. Any transfer
of a note or other evidence of indebtedness bearing the statement required by subsection
(b) of this section shall be deemed an assignment only and any right, title or interest
which the transferee may acquire thereby shall be subject to all claims and defenses of
the buyer against the seller arising under the provisions of this chapter. Sec. 42-137. Cancellation rights of buyer. (a) In addition to any right otherwise
to revoke an offer, the buyer may cancel a home solicitation sale until midnight of the
third business day after the day on which the buyer signs an agreement subject to the
provisions of this chapter. Sec. 42-138. Seller's obligations on cancellation. (a) Except as provided in this
section, within ten business days after a home solicitation sale has been cancelled the
seller shall tender to the buyer any payments made by the buyer and any note or other
evidence of indebtedness. Sec. 42-139. Buyer's obligations on cancellation. (a) Except as provided in subsection (c) of section 42-138, within twenty days after a home solicitation sale has been
cancelled the buyer, upon demand, shall tender to the seller any goods delivered by the
seller pursuant to the sale, but he is not obligated to tender at any place other than his
own address. If the seller fails to take possession of such goods within twenty days after
cancellation the goods shall become the property of the buyer without obligation to pay
for them. Sec. 42-140. Offer of commission or rebate where buyer provides prospective
purchasers' names illegal, when. No seller in a home solicitation sale shall offer to
pay a commission or give a rebate or discount to the buyer in consideration of the buyer's
giving to the seller the names of prospective purchasers or otherwise aiding the seller
in making a sale to another person, if the earning of the commission, rebate or discount
is contingent upon an event subsequent to the time the buyer agrees to buy. Sec. 42-141. Penalty. Violation made unfair or deceptive practice or act. (a)
Any person who violates any provision of this chapter shall be fined not more than five
hundred dollars or imprisoned not more than ninety days or both. Any sale made in
respect to which a commission, rebate or discount is offered in violation of the provisions
of this chapter shall be voidable at the option of the buyer. Sec. 42-142. Sale of insurance excepted. Section 42-142 is repealed.
Sec. 42-134. Definition.
Sec. 42-134a. Definitions.
Sec. 42-135. Notice in sales agreement. Seller to complete prior to signing by buyer.
Sec. 42-135a. Notice in sales agreement. Notice of cancellation. Duties of seller.
Sec. 42-136. Note or evidence of indebtedness given by buyer.
Sec. 42-137. Cancellation rights of buyer.
Sec. 42-138. Seller's obligations on cancellation.
Sec. 42-139. Buyer's obligations on cancellation.
Sec. 42-140. Offer of commission or rebate where buyer provides prospective purchasers'
names illegal, when.
Sec. 42-141. Penalty. Violation made unfair or deceptive practice or act.
Sec. 42-142. Sale of insurance excepted.
Sec. 42-143. Short title: Home Solicitation Sales Act.
(1967, P.A. 749, S. 1; P.A. 76-165, S. 7, 8.)
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(a) "Home solicitation sale" means a sale, lease, or rental of consumer goods or
services, whether under single or multiple contracts, in which the seller or his representative personally solicits the sale, including those in response to or following an invitation
by the buyer, and the buyer's agreement or offer to purchase is made at a place other
than the place of business of the seller. The term "home solicitation sale" does not
include a transaction: (1) Made pursuant to prior negotiations in the course of a visit by
the buyer to a retail business establishment having a fixed, permanent location where
goods are exhibited or the services are offered for sale on a continuing basis; (2) in
which the buyer has initiated the contact and the goods or services are needed to meet
a bona fide immediate personal emergency of the buyer, and the buyer furnishes the
seller with a separate dated and signed personal statement in the buyer's handwriting
describing the situation requiring immediate remedy and expressly acknowledging and
waiving the right to cancel the sale within three business days; (3) conducted and consummated entirely by mail or telephone and without any other contact between the buyer
and the seller or its representative prior to delivery of the goods or performance of the
services; (4) in which the buyer has initiated the contact and specifically requested the
seller to visit his home for the purpose of repairing or performing maintenance upon
the buyer's personal property. If in the course of such a visit, the seller sells the buyer
the right to receive additional services or goods other than replacement parts necessarily
used in performing the maintenance or in making the repairs, the sale of those additional
goods or services shall not come within this exclusion; (5) pertaining to the sale or rental
of real property, to the sale of insurance, to the sale of newspapers or to the sale of
securities or commodities by a broker-dealer registered with the securities and exchange
commission; (6) made pursuant to a home party plan sales and demonstration; or (7) in
the case of consumer goods, other than magazine sales or subscriptions, where the purchase price, whether under single or multiple contracts, does not exceed twenty-five
dollars.
(b) "Consumer goods or services" means goods or services purchased, leased, or
rented primarily for personal, family, or household purposes, including courses of instruction or training regardless of the purpose for which they are taken.
(c) "Seller" means any person, partnership, corporation, limited liability company
or association engaged in home solicitation sales of consumer goods or services.
(d) "Place of business" means the main or permanent branch office or local address
of a seller.
(e) "Purchase price" means the total price paid or to be paid for the consumer goods
or services, including all interest and service charges.
(f) "Business day" means any calendar day except Sunday or any of the following
business holidays: New Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day and Christmas Day.
(P.A. 76-165, S. 1, 8; P.A. 95-79, S. 163, 189.)
History: P.A. 95-79 redefined "seller" to include a limited liability company, effective May 31, 1995.
Sections 42-134 through 42-143 cited. 36 CS 506, 508.
Subsec. (a):
Subdiv. (4) cited. 215 C. 336, 340, 341. Cited. 240 C. 58.
Cited. 18 CA 463, 467. Cited. 20 CA 625, 626.
"Consumer goods and services" includes installation of driveway. 36 CS 271, 272. Cited. Id.
Subsec. (b):
Cited. 240 C. 58.
Cited. 18 CA 463, 467, 468.
Cited. 36 CS 271, 272.
Subsec. (c):
Cited. 18 CA 463, 467.
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(1967, P.A. 749, S. 3; 1969, P.A. 178, S. 1; 1972, P.A. 141; P.A. 76-165, S. 7, 8.)
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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 BUSINESS DAYS FOLLOWING RECEIPT BY THE SELLER
OF YOUR CANCELLATION NOTICE, AND 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 DAYS OF
THE DATE 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 MIDNIGHT
OF .... (Date)
I HEREBY CANCEL THIS TRANSACTION.
.... (Date)
History: P.A. 78-331 made technical correction.
Cited. 215 C. 336, 341, 344. Cited. 224 C. 231, 233, 234. Cited. 232 C. 666, 672.
Cited. 18 CA 463, 464, 467, 468. Cited. Id., 581, 586, 589. Cited. 27 CA 162, 167. Cited 33 CA 294, 300. Cited. 38
CA 420, 433.
Cited. 36 CS 213, 217. Cited. Id., 271, 272.
Subdiv. (1):
Cited. 36 CS 506, 510, 511.
Subdiv. (2):
Cited. 36 CS 506, 510, 511.
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(b) Each note or other evidence of indebtedness given by a buyer in respect of a
home solicitation sale shall bear on its face a conspicuous statement as follows: THIS
INSTRUMENT IS BASED UPON A HOME SOLICITATION SALE, WHICH SALE
IS SUBJECT TO THE PROVISIONS OF THE HOME SOLICITATION SALES ACT.
THIS INSTRUMENT IS NOT NEGOTIABLE.
(c) Compliance with the requirements of this section shall be a condition precedent
to any right of action by the seller or any transferee of an instrument bearing the statement
required under subsection (b) of this section against the buyer upon such instrument
and shall be pleaded and proved by any person who may institute action or suit against
a buyer in respect thereof.
(d) A promissory note payable to order or bearer and otherwise negotiable in form
issued in violation of this section may be enforced as a negotiable instrument by a holder
in due course according to its terms.
(1967, P.A. 749, S. 5.)
Section does not require any specific size or boldness of type, indicating legislature did not establish any precise formula
that would render a statement conspicuous. 36 CS 506, 511. Cited. Id., 213, 217; Id., 507, 511, 514.
Note made as evidence of indebtedness under a home solicitation sale contract was subject to defenses on the contract,
hence when the contract was declared void, the note was uncollectible. Transfer of note given by buyer in a home solicitation
sale deemed an assignment. Any rights, title or interest acquired by transferee are subject to all claims or defenses buyer
may have against seller arising under the provisions of the Home Solicitation Sales Act. 6 Conn. Cir. Ct. 745.
Subsec. (a):
Postdating of note not proscribed. 36 CS 506, 509. Cited. Id.
Subsec. (b):
A conditional sales contract was not a "note or other evidence of indebtedness" and therefore notice requirements of
statute were inapplicable. 36 CS 213, 214−217. Language not subject to Uniform Commercial Code. Id., 506, 509, 510.
Cited. Id.
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(b) Cancellation shall occur when the buyer gives written notice of cancellation to
the seller at the address specified for notice of cancellation provided by the seller or
when such written notice bearing such address is deposited in a mail box.
(c) Notice of cancellation given by the buyer shall be effective if it indicates the
intention on the part of the buyer not to be bound by the home solicitation sale.
(1967, P.A. 749, S. 2; 1969, P.A. 178, S. 2; P.A. 76-165, S. 3, 8.)
History: 1969 act changed deadline for buyer's cancellation from midnight of first day after signing agreement to
midnight of third day and in exception re weekends changed deadline from midnight Monday to midnight Wednesday;
P.A. 76-165 based deadline on "business" day rather than "calendar" days and deleted exception re weekend sales rendered
obsolete by the change.
Cited. 158 C. 543.
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(b) If the down payment includes goods traded in, the goods shall be tendered in
substantially as good condition as when received. If the seller fails to tender the goods
as provided by this section, the buyer may elect to recover an amount equal to the trade-
in allowance stated in the agreement.
(c) Until the seller has complied with the obligations imposed by this section the
buyer may retain possession of goods delivered to him by the seller and has a lien on
the goods for any recovery to which he is entitled.
(1967, P.A. 749, S. 4; P.A. 76-165, S. 4, 8.)
History: P.A. 76-165 deleted former Subsec. (c) which had allowed seller to retain cancellation fee consisting of the
lesser of five per cent of cash price, fifteen dollars or amount of cash down payment and had specified situations in which
seller was not allowed to retain the fee, relettering Subsec. (d) accordingly.
Cited. 6 Conn. Cir. Ct. 745.
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(b) The buyer shall take reasonable care of the goods in his possession both prior
to cancellation and during the twenty-day period following. During the twenty-day period after cancellation, except for the buyer's duty of care, the goods are at the seller's risk.
(c) If the seller has performed any services pursuant to a home solicitation sale prior
to its cancellation, the seller is entitled to no compensation. If the seller's services result
in the alteration of property of the buyer, the seller shall restore the property to substantially as good condition as it was in at the time the services were rendered.
(1967, P.A. 749, S. 6; P.A. 76-165, S. 5, 8.)
History: P.A. 76-165 substituted Subsec. "(c)" for "(d)" of Sec. 42-138 to reflect deletion of former Subsec. (c) and
subsequent relettering of (d).
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(1967, P.A. 749, S. 7.)
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(b) Violation of any of the provisions of sections 42-135a, or 42-137 to 42-139,
inclusive, or failure to honor any provisions of the notice of cancellation required by
this chapter shall constitute an unfair or deceptive act or practice as defined by section
42-110b.
(1967, P.A. 749, S. 8; P.A. 76-165, S. 6, 8.)
History: P.A. 76-165 added Subsec. (b).
Cited. 231 C. 707, 727.
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(1967, P.A. 749, S. 9; P.A. 76-165, S. 7, 8.)
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