LD 1567
pg. 160
Page 159 of 185 An Act To Implement Recommendations of the MCJUSTIS Policy Board Concerning the... Page 161 of 185
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LR 526
Item 1

 
1.__Performance after right to cancel.__If the contract
requires the seller to affix merchandise permanently to real
estate or its appurtenances, then the seller may not begin
performance as long as the consumer has the right to cancel.

 
2.__Penalty.__The following penalties apply to violations of
this section.

 
A.__A person who violates this section commits a Class E
crime, which is a strict liability crime as defined in Title
17-A, section 34, subsection 4-A.

 
B.__A person who intentionally violates this section commits
a Class D crime.

 
Sec. S-8. 32 MRSA §4666, as enacted by PL 1969, c. 395, is repealed
and the following enacted in its place:

 
§4666. Seller's obligation

 
1.__Return upon avoidance.__If the seller is given written
notice of avoidance by the consumer pursuant to this subchapter
and any merchandise that has been delivered is returned or made
available for return to the seller, the seller must return to the
consumer within 15 days of the effective date of the notice of
avoidance the full amount of any payment or down payment made or
consideration given under the contract or sale for the
merchandise.

 
2.__Penalty.__The following penalties apply to violations of
this section.

 
A.__A person who violates this section commits a Class E
crime, which is a strict liability crime as defined in Title
17-A, section 34, subsection 4-A.

 
B.__A person who intentionally violates this section commits
a Class D crime.

 
Sec. S-9. 32 MRSA §4667, as repealed and replaced by PL 1995, c.
681, §2, is repealed.

 
Sec. S-10. 32 MRSA §14058, sub-§2, as enacted by PL 1991, c. 468, §4,
is repealed and the following enacted in its place:

 
2.__Penalty.__The following penalties apply to violations of
this chapter.


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