30-14-506. Repayment to buyer -- retention of goods by buyer -- court award, costs, and attorney fees. - Montana Statutes

     30-14-506. Repayment to buyer -- retention of goods by buyer -- court award, costs, and attorney fees. (1) Except as provided in this section, within 10 days after a personal solicitation sale has been canceled or an offer to purchase revoked, the seller shall tender to the buyer any payments made by the buyer and any note or other evidence of indebtedness.
     (2) If the downpayment includes goods traded in, the goods must be tendered in substantially as good condition as when received by the seller. 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.
     (3) If the seller refuses within the period prescribed by subsection (1) to return the cash downpayment or goods tendered as downpayment, the seller is liable to the buyer for the entire downpayment, and if the buyer is successful in a court action for recovery, the court shall also award the buyer $500 plus reasonable attorney fees and costs.
     (4) Until the seller has complied with this section, the buyer may retain possession of goods delivered by the seller and has a lien on the goods or control for any recovery to which the buyer may be entitled.

     History: En. Sec. 5, Ch. 426, L. 1973; amd. Sec. 6, Ch. 191, L. 1977; R.C.M. 1947, 85-505; amd. Sec. 10, Ch. 137, L. 1979; amd. Sec. 16, Ch. 322, L. 2003.