*R.R.S. Neb. § 69--1604 *(2006)
§ 69--1604. Notice of right to cancel; form; foreign language; when
delivered; time; exception
(1) Whenever a buyer has the right to cancel a home solicitation sale, the
seller's contract shall contain a notice to be
printed in capital and lowercase letters of not less than ten--point
boldface type and appear under the conspicuous caption:
BUYER'S RIGHT TO CANCEL; which shall read as follows: You may cancel this
agreement by mailing a written notice
to (Insert name and mailing address of seller) before midnight of the third
business day after you signed this agreement.
If you wish, you may use this page as that notice by writing "I hereby
cancel" and adding your name and address.
(2) A home solicitation sales contract which contains the Notice of
Cancellation form and content provided in the
Federal Trade Commission's trade regulation rule providing a cooling--off
period shall be deemed as complying with the
requirements of subsection (1) of this section, so long as the Federal Trade
Commission language provides at least equal
information to the consumer concerning his right to cancel as is required by
sections 69--1601 to 69--1607.
(3) A seller who in the ordinary course of business regularly uses a
language other than English in any advertising or
other solicitation of customers or in any printed forms for use by buyers or
in any face--to--face negotiations with buyers,
shall give the notice described in this section to a buyer whose principal
language is such other language, both in English
and in the other language.
(4) The notice required under this section shall be delivered either after
all the credit cost disclosures have been made
to the buyer as required by the federal Consumer Credit Protection Act and
the buyer has signed the writing evidencing
the transaction, or contemporaneously therewith, but not before.
(5) 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. The
three--business--day period prescribed by sections
69--1601 to 69--1607 shall begin to run from the time the seller complies
with this section.
(6) The notice provisions under this section shall not be required in a
transaction involving an order for goods to be
delivered at one time if: (a) The order is evidenced only by a sales ticket
or invoice, a copy of which must be provided
to the buyer, which clearly and unmistakably sets forth on the face or
reverse side of the sales ticket or invoice the
buyer's right to cancel the order, refuse delivery or return the goods
without obligation or charge; (b) the goods are not
delivered within three business days of the date of the order; and (c) the
buyer may refuse to accept the goods when they
are delivered without incurring any obligation to pay for them or the
expenses associated with the transaction, including
mailing or shipping charges, or the buyer may, upon inspecting the goods
after delivery, return them within three business
days to the seller and receive a full refund for any amounts the buyer has
paid including mailing and shipping charges.
Notice of right to cancel; form; foreign language; when delivered; time; exception. Neb. Rev. Stat. Ann. §69-1604 (2006)
*R.R.S. Neb. § 69--1604 *(2006)