11100691D
HOUSE BILL NO. 2522
Offered January 21, 2011
A BILL to amend and reenact § 59.1-21.4 of the Code of
Virginia, relating to home sales solicitations; form of notice of cancellation.
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Patron-- Oder
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Referred to Committee on Commerce and Labor
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Be it enacted by the General Assembly of Virginia:
1. That § 59.1-21.4 of the Code of Virginia is amended
and reenacted as follows:
§ 59.1-21.4. Receipt or written agreement.
(1) A. In a home solicitation sale,
unless the buyer requests the seller to provide goods or services without delay
in an emergency, the seller must shall present to the buyer a
fully completed receipt if it is a cash or credit card sale or obtain the
buyer's signature to a written agreement or offer to purchase, in the case of a
credit sale, which designates. The receipt or written agreement or offer to
purchase shall (i) designate as the
date of the transaction the date on which the buyer actually makes payment in
whole or in part or signs,
and which contains (ii) contain a statement of
the buyer's rights and a notice of cancellation which comply with subsection (2) B.
The seller shall also furnish the buyer with a copy of any contract pertaining
to a home solicitation sale at the time of its execution.
(2) B. The statement of the buyer's rights and a notice of cancellation
required by subsection A shall:
(a) 1. Appear on the front side of
the receipt or contract, or immediately above the buyer's signature, in bold
face type of a minimum size of ten 10 points under the conspicuous
caption: "BUYER'S RIGHT TO CANCEL,"; and
(b) Read as either of the following 2. Either:
(i)
a. Read as follows: "If this agreement was solicited at a
residence and you do not want the goods or services, 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
.....................
(Date of Transaction)
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 ............
. . . . . . . . . .(name of seller)(address of seller's place of business),
or send a facsimile thereof to . . . . . . . . . . . . . . . . . . .
(name of seller) at (. . .) . . . . . . . . . (seller's facsimile number),
not later than midnight of the. . . day of. . . . ., 20 . . . . . (Date).
I hereby cancel this transaction.
....................
(Date)
.................... "; or
(Buyer's signature)"; or
(ii) In b. Be in the
form and content of any similar notice requirement for home solicitation sales
under federal law;, provided that such requirement (i) the
required notice under federal law contains at
least the information required in (i) of
this subsection the
notice described in subdivision a
and, further provided, that (ii) nothing in such notice is
in conflict with the provisions of this chapter. Any statement or notice form
presented to a buyer prior to the effective date of an amendment to this
section shall be deemed sufficient if it satisfied the requirements of this
section in effect at the time the statement or notice was presented.
(3) C. Except
as otherwise provided in this section,
until the seller has complied with this section the buyer may cancel the home
solicitation sale by notifying the seller in any manner and by any means of his
intention to cancel.
(4) D. A
home solicitation sale shall be deemed to be in compliance with notice
requirements of this section if (a) the:
1. The
buyer may at any time (i) cancel the order, or
(ii) refuse to accept delivery of the goods without 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 (b) the
2. The
buyer's right to cancel the order, refuse delivery or return the goods,
together with the name and address of either the selling company or the
salesperson, is clearly and conspicuously set forth on the face or reverse side
of the sales receipt or contract in a size larger than that used in the body of
the receipt or contract.
(5) Any statement or
notice form satisfying the requirements of this section as in effect prior to
July 1, 1975, may be used until January 1, 1977.
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