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New York Personal Property - Article 10-B - § 444 Restoration of Down Payment

Legal Research Home > New York Laws > New York Personal Property (PEP) > New York Personal Property - Article 10-B - § 444 Restoration of Down Payment

 
    §  444.  Restoration  of  down  payment. 1. Within thirty days after a
  telephone sale has been cancelled, the seller shall recredit the buyer's
  charge account.
    2. If the down payment includes goods traded in, the  goods  shall  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  subdivision
  one  of  this section to return all payments made by the buyer, he shall
  be liable to the buyer for  the  said  payments  and  if  the  buyer  is
  successful  in  his  action  therefor or appeal thereon, the court shall
  award him one hundred dollars and may award reasonable  attorney's  fees
  and  costs, in addition to such payments. In addition to such an action,
  such payments and the one hundred dollar amount may  be  recovered  from
  any  telemarketer  maintaining  a  bond  pursuant to subdivision four of
  section three hundred ninety-nine-pp of the general business law, or the
  surety or  bank,  trust  company,  savings  bank  or  savings  and  loan
  association  in an action on the bond. Nothing in the preceding sentence
  shall authorize the awarding of attorney's fees and  costs  against  the
  surety, bank, trust company or savings and loan association.
    4.  Until  the  seller  has  complied with this section, the buyer may
  retain possession of goods delivered to him by the seller and shall have
  a lien on the goods in his possession or control  for  any  recovery  to
  which he may be entitled.

Last modified: February 17, 2012