*6 Del. C. § 4404 *
§ 4404. Unlawful practices
Section 2513(b)(2) of this title notwithstanding, in connection with any
door--to--door sale, it is an unlawful practice
within the meaning of § 2513 of this title for any seller to:
(1) Fail to furnish the buyer with a fully completed receipt or copy of any
contract pertaining to such sale at the time
of its execution, which is in the same language, e.g., Spanish, as that
principally used in the oral sales presentation and
which shows the date of the transaction and contains the name and address of
the seller, and in immediate proximity to
the space reserved in the contract for the signature of the buyer or on the
front page of the receipt if a contract is not used
and in bold--faced type of a minimum size of 10--point, a statement in
substantially the following form:
"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."
Beginning 1 year after the effective date of this section, such
statement shall be printed in an ink of a conspicuous color other than
that used for the rest of the contract and/or receipt.
(2) Fail to furnish each buyer, when signing the door--to--door sales
contract or otherwise agrees to buy consumer goods or services from the
seller, a completed form in duplicate, captioned "Notice of Cancellation,"
which shall be attached to the contract or receipt and easily detachable,
which shall contain in 10--point, bold--faced type the following information
statements in the same language, e.g., Spanish, as that used in the
"NOTICE OF CANCELLATION
(Enter date of transaction)
You may cancel this transaction, without any penalty or
obligation, within 3 business days from the above date.
If you cancel, any property traded in, any payments made by
you under the contract or sale and any negotiable instrument
executed by you will be returned within 10 business days following
6 Del. C. § 4404
receipt by the seller of your cancellation notice, and any
security interest arising out of the transaction will be cancelled.
If you cancel, you must make available to the seller at your
residence, in substantially as good condition as when received,
any goods delivered to you under this contract or sale; or you may
if you wish comply with the instructions of the seller regarding
the return shipment of the goods at the seller's expense and risk.
If you do not agree to return the goods to the seller or if
the seller does not pick them up within 20 days of the date of
your Notice of Cancellation, you may retain or dispose of the
goods without any further obligation.
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 ....................., at....................
(Name of seller) (Address at seller's place of business)
........... not later than midnight of ............
I hereby cancel this transaction.
(3) Fail, before furnishing copies of the "Notice of Cancellation" to the
buyer, to complete both copies by entering
the name of the seller, the address of the seller's place of business, the
date of the transaction and the date, not earlier than
the third business day following the date of the transaction, by which the
buyer may give the Notice of Cancellation.
(4) Include in any door--to--door contract or receipt any confession of
judgment or any waiver of any of the rights
to which the buyer is entitled under this chapter including specifically the
right to cancel the sale in accordance with this
(5) Fail to inform each buyer orally, at the time the buyer signs the
contract or purchases the goods or services, of
the right to cancel.
(6) Misrepresent in any manner the buyer's right to cancel.
(7) Fail or refuse to honor any valid Notice of Cancellation by a buyer and
within 10 business days after the receipt
of such Notice, to (i) refund all payments made under the contract or sale;
(ii) return any goods or property traded in, in
substantially as good condition as when received by the seller; (iii) cancel
and return any negotiable instrument executed
by the buyer in connection with the contract or sale and take any action
necessary or appropriate to terminate promptly
any security interest created in the transaction.
(8) Negotiate, transfer, sell or assign any note or other evidence of
indebtedness to a finance company or other third
party prior to midnight of the 5th business day following the day the
contract was signed or the goods or services were
(9) Fail, within 10 business days of receipt of the buyer's Notice of
Cancellation, to notify the buyer whether the
seller intends to repossess or to abandon any shipped or delivered goods.
Unlawful Practices. Del. Code. Ann. tit.6, § 4404 (2006)
*6 Del. C. § 4404 *