44-1797.05. Written contract; contents A. Each contract for discount buying services shall be in writing and is subject to the provisions of this article. The address of the seller's discount buying facility and the residence address of the buyer shall be clearly indicated on the face of the contract. A copy of the written contract shall be given to the buyer at the time he signs the contract. All blank spaces in the contract shall be filled in before the contract is signed by the buyer. Provisions or terms written by hand on the buyer's copy shall be legible. The contract shall be specific as to the period of time for which the discount buying services will be available to the buyer. This time period shall not be measured by the life of the buyer. B. No agreement of the buyer of a contract for discount buying services shall be effective unless the contract, receipt and all other documents pertaining to the contract are written in the same language used in the oral sales presentation. If a language which cannot be written is used in the oral sales presentation, such documents may be in English. C. No contract for discount buying services shall be effective unless it is dated, signed by the buyer and contains a conspicuous notice in the language used in the oral sales presentation which, if in English, would read as follows: Notice to buyer 1. Do not sign this agreement if any of the spaces intended for the agreed terms to the extent of then available information are left blank. 2. You are entitled to a copy of this agreement at the time you sign it. 3. You may pay off the full unpaid balance due under this agreement at any time, and in so doing you shall be entitled to a full rebate of the unearned finance and insurance charges. 4. You may cancel this agreement 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. D. No contract for discount buying services shall be effective unless the following completed form, in duplicate and in the language used in the oral sales presentation which, if in English, would read in the form set forth in this subsection, is attached to the contract of receipt: Notice of cancellation Enter date of transaction (Date) You may cancel this transaction within three business days from the above date. If you cancel, any property traded in, any payments made by you under the contract of sale in excess of twenty-five dollars shall be refunded within fifteen business days following receipt by the seller of your cancellation notice. Any negotiable instrument executed by you will be returned within fifteen business days following receipt by the seller of your cancellation notice and any security interest arising out of the transaction will be cancelled. 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) (Buyer's signature) |