Company: North Carolina General Assembly

North Carolina Attorney General Opinion

§ 25A‑42.  Duties as to care and return of goods; no compensation for services prior to cancellation.
(a)	Except as provided by the provisions on retention of goods by the buyer (G.S. 25A‑41(d)), within a reasonable time after a home‑solicitation sale has been canceled, the buyer must make available to the seller at the buyer's residence in substantially as good condition as received, any goods delivered under the contract or sale, or in the alternative, the buyer may comply with the instructions of the seller regarding the return shipment of the goods at the seller's expense and risk. The seller shall within 10 business days of receipt of the buyer's notice of cancellation notify the buyer whether the seller intends to repossess or to abandon any shipped or delivered goods. If the buyer makes the goods available to the seller and the seller does not pick them up within 20 days of the date of the notice of cancellation, the buyer may retain or dispose of the goods without any further obligation. If the buyer fails to make the goods available to the seller, or agrees to return the goods to the seller and fails to do so, then the buyer shall remain liable for performance of all obligations under the contract.
(b)	The buyer has the duty of a bailee to take reasonable care of the goods in his possession before cancellation or revocation and for a reasonable time thereafter, during which time the goods are otherwise at the seller's risk.
(c)	If the seller has performed any services pursuant to a home‑solicitation sale prior to its cancellation, the seller is entitled to no compensation therefor.
(d)	The seller shall not negotiate, transfer, sell, or assign any note, contract, or other evidence of indebtedness arising out of a home‑solicitation sale to a finance company or other third party prior to midnight of the fifth business day following the day the contract was signed or the goods or services were purchased. (1971, c. 796, s. 1; 1975, c. 805, s. 4.)

G.S. 25a-42		Page