The Idaho Lemon Law - When Your New Vehicle Goes Sour (Lemon

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Yes, “common property” is usually found by couples co-owning a house. Division 2 — Direct Sales, Future Performance and Time Share Contracts 19 A direct sales contract, future performance contract or time share contract must contain the following information: (a) the supplier's name and, if different, the name under which the supplier carries on business; (b) the supplier's business address and, if different, the supplier's mailing address; (c) the supplier's telephone number and, if available, facsimile number; (d) the date on which the contract is entered into; (e) a detailed description of the goods or services to be supplied under the contract; (f) an itemized purchase price for the goods or services to be supplied under the contract; (g) other costs payable by the consumer, including taxes and shipping charges; (h) if any customs duties, brokerage fees or other additional charges that may apply to the contract cannot reasonably be determined by the supplier, a description of those charges; (i) a detailed statement of the terms of payment; (j) the total price under the contract, including the total cost of credit; (k) if applicable, a description and dollar value of any trade-in; (l) if credit is extended or arranged by the supplier, a description of the subject matter of any security interest in accordance with Part 5 [Disclosure of the Cost of Consumer Credit]; (m) a notice of the consumer's rights of cancellation, in the prescribed form and manner, if any; (n) any other restrictions, limitations or other terms or conditions that may apply to the supply of the goods or services; (o) any other prescribed information. 20 (1) In addition to the information required under section 19, a direct sales contract must contain (a) the name, in a readable form, of the individual who signs the contract on behalf of the supplier, (b) the place where the contract is entered into, and (i) the individual who signs the contract on behalf of the supplier, (2) Despite section 23 (3) [future performance contract], if that section applies, a supplier must give a copy of the direct sales contract to the consumer at the time the contract is entered into. (a) the supplier does not give to the consumer a copy of the contract at the time the contract is entered into, or (b) the supplier requires the consumer to make a down payment in excess of the prescribed amount. 21 (1) A consumer may cancel a direct sales contract by giving notice of cancellation to the supplier not later than 10 days after the date that the consumer receives a copy of the contract. (2) A consumer may cancel a direct sales contract by giving notice of cancellation to the supplier not later than one year after the date that the consumer receives a copy of the contract if one or more of the following applies: (b) at the time the contract was made, the supplier was under a direct sales prohibition order; (c) the goods or services to be supplied under the contract are not supplied to the consumer within 30 days of the supply date. (3) The consumer is not entitled to cancel the contract under subsection (2) (c) if the consumer accepts delivery of the goods or services after the end of the 30-day period described in that subsection. (4) Despite section 15 (2) [assignee's obligations], if a consumer cancels a direct sales contract under this section, the supplier, within 15 days after the notice of cancellation has been given, must return to the consumer any trade-in received under a trade-in arrangement, or an amount equal to the trade-in allowance. (5) Despite section 28 (1) [return of goods by consumer on cancellation], if a consumer cancels a direct sales contract under this section, the consumer may retain possession of the goods delivered to the consumer (a) until all money paid by the consumer is refunded, and (b) in the case of a trade-in arrangement, until either (i) the supplier returns to the consumer, in substantially the same condition as when the supplier received them, the goods delivered by the consumer under the trade-in arrangement, or (ii) an amount equal to the trade-in allowance is paid to the consumer. (6) If a trade-in or an amount equal to the trade-in allowance is not returned to the consumer as required under subsection (4), the consumer may recover from the supplier as a debt due an amount equal to the trade-in allowance. (7) If a consumer receives an amount equal to the trade-in allowance, the title of the consumer in respect of the goods delivered by the consumer under the trade-in arrangement, if the title had not already passed from the consumer, vests in the person entitled to them under the trade-in arrangement. 22 If credit is extended or arranged by the supplier in respect of a direct sales contract, (a) the credit agreement, as defined in section 57 [definitions], is conditional on the direct sales contract, whether or not the credit agreement is a part of or attached to the direct sales contract, and (b) if the direct sales contract is cancelled under section 21, the credit agreement is cancelled. 23 (1) This section does not apply to a future performance contract that is a preneed cemetery or funeral services contract. (2) In addition to the information required under section 19 [required contents of contract], a future performance contract must contain the following information: (b) the date on which the supply of the goods or services will be complete; (c) if there are periodic payments under the contract, the amount of each of the periodic payments. (3) A supplier must give a copy of the future performance contract to the consumer within 15 days after the contract is entered into. (a) the supplier gives, or offers to give, a rebate, discount or other value to the consumer in consideration of the consumer giving to the supplier the names of prospective consumers, or otherwise aiding the supplier in making a sale to another person, and (b) the earning of the rebate, discount or other value is contingent on the occurrence of an event after the time the consumer agrees to buy. 24 (1) In addition to the information required under sections 19 and 23 (2) [required contents of contract], a continuing services contract that provides for a supplier supplying services by reference to a number of hours or a number of sessions must state the period of time, in months, over which the consumer can reasonably expect to receive the services. (2) The period of time referred to in subsection (1) must not exceed 24 months. (3) A continuing services contract must not be for a duration, including the cumulative total of all options and rights to extend or renew the contract, of more than 2 years. (4) Despite subsection (3), a continuing services contract may provide for the consumer renewing the contract by consenting in writing within one month of the expiry of the contract. (5) For the purpose of subsection (3), all continuing services contracts, except a contract renewed under subsection (4), that (a) are in effect between the same supplier and the same consumer at the same time, and (b) provide for the performance of the same or similar services, whether or not services are being supplied concurrently under 2 or more of the contracts, are deemed to be one contract. (a) the contract is not binding on the consumer in respect of the period in excess of 2 years, (b) the supplier must refund to the consumer, within 15 days after receiving a request from the consumer, all money paid under the contract for the period in excess of 2 years, and (c) if the supplier does not comply with paragraph (b), the consumer may recover as a debt due all money paid under the contract for the period in excess of 2 years. (7) In an action by the consumer against the supplier where the supplier fails to comply with subsection (6) (b), the court must enter judgment against the supplier for 3 times the amount of any refund not paid within the time limited by that subsection. 25 (1) A consumer may cancel a continuing services contract by giving notice of cancellation to the supplier not later than 10 days after the date that the consumer receives a copy of the contract. (a) in the circumstances of the consumer, or (b) in the services provided by the supplier. (3) A material change in the circumstances of the consumer includes, without limitation, (b) a physical, medical or mental disability of the consumer, substantiated in writing by a medical practitioner or nurse practitioner, showing that the consumer's continued participation is unreasonable because of the consumer's condition or is likely to endanger the consumer's health, or (c) the relocation of the consumer for the remainder of the duration of the contract, or the remainder of the time stated in the contract in accordance with section 24, so that the distance between the consumer and the supplier is more than 30 km greater than when the consumer and the supplier entered into the contract, if the supplier does not provide reasonably comparable alternative facilities for the use of the consumer not more than 30 km from the consumer's new location. (a) when, for reasons that are wholly or partly the fault of the supplier, the services are not completed, or at any time the supplier appears to be unable to reasonably complete the services within the period of time stated by the supplier under section 24, (b) when the services are no longer available, or are no longer substantially available as provided in the contract, because of the supplier's discontinuance of operation or substantial change in operation, or (c) when the supplier relocates his or her facility so that the distance between the supplier and the consumer is more than 30 km greater than when the supplier and the consumer entered into the contract, and the supplier does not provide reasonably comparable alternative facilities for the use of the consumer not more than 30 km from the consumer's location. (a) within 15 days after the notice of cancellation has been given, refund to the consumer, (i) in the case of a cancellation under subsection (2) (a), the portion determined in the prescribed manner of all cash payments made under the contract, less a prescribed amount on account of the supplier's costs, or (ii) in the case of a cancellation under subsection (2) (b), the portion determined in the prescribed manner of all cash payments made under the contract, and (b) within 30 days after the notice of cancellation has been given, return to the consumer every negotiable instrument executed by the consumer in connection with the contract. 26 (1) Subject to subsection (2), a supplier must give a copy of the time share contract to the consumer at the time the contract is entered into. (2) Section 48 (1) [copy of distance sales contract] applies to the time share contract if the contract is also a distance sales contract. (3) A consumer may cancel a time share contract by giving notice of cancellation to the supplier not later than 10 days after the date that the consumer receives a copy of the contract. (4) Subject to any longer cancellation period prescribed, a consumer may cancel a time share contract by giving notice of cancellation to the supplier not later than one year after the date that the consumer receives a copy of the contract if the contract does not contain the information required under section 19 [required contents of contract]. 27 Despite section 15 (2) [assignee's obligations], if a contract is cancelled under this Division, the supplier must refund to the consumer, (a) within 15 days after the notice of cancellation has been given, and (b) without deduction except as provided for in this Division or in the regulations, all money received in respect of the contract, whether received from the consumer or any other person. 28 (1) If a direct sales contract, future performance contract or time share contract is cancelled under this Division, the consumer must return any goods received under the contract by delivering the goods to the person named in the contract as the person to whom notice of cancellation may be given or to the business address of the supplier. (2) Subject to subsection (3), the return of the goods by the consumer under subsection (1) discharges the consumer from any obligation, in respect of the goods, arising under the contract. (3) If goods are returned by the consumer under subsection (1), the consumer is liable to the supplier for any damage to the goods caused by the failure of the consumer to take reasonable care of the goods.

Pages: 58

Publisher: CCN Publishing (April 1, 2012)

ISBN: B007QUDL2G

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