Indiana - Title 24 Trade Regulations; Consumer Sales and Credit
Article 5 Consumer Sales
Chapter 10 Home Solicitation Sales
Burns Ind. Code Ann. § 24-5-10-8 (2006)
24-5-10-8. When home consumer transaction may be cancelled - Notice requirements.
(a) A consumer may cancel a home consumer transaction if:
(1) The subject of the consumer transaction has a cash sales price of at least twenty-five dollars ($25); and
(2) The consumer gives the supplier a written notice that meets the requirements of 16 C.F.R. 429.1(a) and (b).
(b) The notice given under subsection (a)(2) must meet the following requirements:
(1) It must be given before midnight of the third business day after the later of the date:
(A) The supplier furnishes the consumer with the notice required by section 9 [IC 24-5-10-9] of this chapter; or
(B) The consumer and the supplier finally agree to the contract for the subject of the consumer transaction.
(2) It must express in any form the consumer's intention to cancel the consumer transaction.
(3) It must be delivered in person or sent by mail or other device to the address given in the supplier's notice required by section 9 of this chapter or to the address of the supplier last known to the consumer if such notice was not given.
Burns Ind. Code Ann. § 24-5-10-9 (2006)
24-5-10-9. Contents and delivery of notice.
(a) The supplier in a home consumer transaction subject to section 8 [IC 24-5-10-8] of this chapter shall deliver to the consumer two (2) copies of a written notice of the consumer's right to cancel the transaction.
(b) The notice shall be on a separate document in at least ten (10) point boldface type and contain the following information:
(1) The address to which the consumer's notice of cancellation may be delivered or sent.
(2) A statement that the transaction may be cancelled before midnight of the third business day after the consumer and the supplier finally agree to the transaction.
(3) A statement of the explanation of the steps the consumer must take to cancel the home consumer transaction.
(4) A statement of the steps the consumer and supplier must take after cancellation of the home consumer transaction.
(5) The date by which the consumer must exercise the right to cancel the transaction.
Burns Ind. Code Ann. § 24-5-10-12 (2006)
24-5-10-12. Return of payment or other consideration.
If the consumer exercises the right to cancel under this chapter, the supplier shall, within ten (10) business days after the notice of cancellation is delivered, return to the consumer any payment or other consideration transferred to the supplier by the consumer. However, if the transaction constitutes a home improvement contract under IC 24-5-11 and if the home improvement has been made on an emergency basis within three (3) days after final agreement to the contract, the supplier is entitled to recover from the consumer the fair market value of the material and labor involved to alleviate the emergency.
Burns Ind. Code Ann. § 24-5-10-13 (2006)
24-5-10-13. Right of supplier to repossession.
(a) If the consumer exercises the right to cancel under this chapter and has possession of the subject of the consumer transaction, the supplier may retake possession only:
(1) If the supplier has complied with section 12 [IC 24-5-10-12] of this chapter;
(2) If no more than ten (10) days have passed after compliance with section 12 of this chapter; and
(3) To the extent its return is feasible and can be done without causing damage to any other property of the consumer.
(b) If the supplier fails to take possession of the property within twenty (20) days after receipt of the notice of cancellation, the supplier's right to possession is forfeited.