(a) (1) Every unused property merchant shall maintain receipts for the purchase of new and unused property, as defined in ยง 18-29-201(3).
(2) Receipts shall contain all of the following information:
(A) The date of the transaction;
(B) The name and address of the person, corporation, or entity from which the new and unused property was acquired;
(C) An identification and description of the new and unused property acquired;
(D) The price paid for such new and unused property; and
(E) The signature of the seller and buyer of the new and unused property.
(b) It is a violation of this subchapter for an unused property merchant required to maintain receipts under the provisions contained in subsection (a) of this section to knowingly:
(1) Falsify, obliterate, or destroy such receipts;
(2) (A) Refuse or fail upon request to make such receipts available for inspection within a period of time which is reasonable under the individual circumstances surrounding the request.
(B) However, nothing contained within the provisions of this section shall be construed to require the unused property merchant to possess the receipt on or about his or her person without reasonable notice; or
(3) Fail to maintain the receipts required by this section for at least two (2) years.
(c) The provisions of this subchapter shall not apply to:
(1) The sale of a motor vehicle or trailer that is required to be registered or is subject to the certificate of title laws of this state;
(2) The sale of wood for fuel, ice, or livestock;
(3) Business conducted in any industry or association trade show;
(4) Property, although never used, whose style, packaging, or material clearly indicates that the property was not produced or manufactured within recent times;
(5) Anyone who sells by sample, catalog, or brochure for future delivery;
(6) The sale of arts or crafts by a person who produces such arts or crafts;
(7) Persons who make sales presentations pursuant to a prior individualized invitation issued to the consumer by the owner or legal occupant of the premises;
(8) Garage or yard sales held on premises devoted to residential use; or
(9) Sales conducted by motor freight carrier companies for the purpose of selling salvage goods.
Section: Previous 18-29-202 18-29-203 18-29-204 NextLast modified: November 15, 2016