Montana Code 30-14-507. Redelivery of goods
30-14-507. Redelivery of goods. (1) Except as provided by 30-14-506(4), within a reasonable time after a personal solicitation sale has been canceled or an offer to purchase revoked, the buyer upon demand shall tender to the seller any goods delivered by the seller pursuant to the sale but need not tender at any place other than the buyer’s residence. If the seller fails to demand possession of the goods within a reasonable time after cancellation or revocation, the goods become the property of the buyer without obligation to pay for them. For the purpose of this section, 40 days is presumed to be a reasonable time.
Terms Used In Montana Code 30-14-507
- Buyer: means anyone who gives a consideration for the purchase or use of goods or services. See Montana Code 30-14-502
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Personal solicitation: means any attempt by a seller to sell goods or services when either the seller or a person acting for the seller contacts the buyer by telephone or in person other than at the place of business of the seller, except:
(a)an attempted sale in which the buyer, prior to the attempted sale, personally knows the identity of the seller, the name of the business, firm, or organization that the seller represents, and the identity or kinds of goods or services offered for sale;
(b)an attempted sale in which the buyer has initiated the contact with the seller;
(c)an attempted sale of a newspaper subscription in which the seller is a minor engaged in both the delivery and the sale of the newspaper;
(d)an attempted sale of an insurance policy; or
(e)an attempted sale of more than $5,000 of goods or services that are not primarily for personal, family, or household purposes. See Montana Code 30-14-502
- Property: means real and personal property. See Montana Code 1-1-205
- Seller: means a lessor, renter, or anyone offering goods or services for consideration, including an assignee of a seller. See Montana Code 30-14-502
(2)The buyer shall take reasonable care of the goods in the buyer’s possession both before cancellation or revocation and for a reasonable time after cancellation or revocation, during which time the goods are otherwise at the seller’s risk, and the goods must be returned in substantially the same condition as received.