Maine Revised Statutes Title 32 Sec. 4662 – Contents of contract
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1. Contract required. When merchandise is sold or contracted to be sold, whether under a single contract or under multiple contracts, to a consumer as a result of or in connection with a seller’s direct contact accomplished by means of and including, but not limited to, a personal visit or a telephone call upon the consumer, other than at the seller’s place of business, without the consumer soliciting the initial contact, the contract must:
A. Be in writing; [PL 2003, c. 452, Pt. R, §6 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
B. Bear the signature of the seller and the consumer; [PL 2003, c. 452, Pt. R, §6 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
C. Contain the date of the transaction; [PL 2003, c. 452, Pt. R, §6 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
D. Contain the terms of the sale or offer; [PL 2003, c. 452, Pt. R, §6 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
E. Contain the name and the mailing address of the seller’s permanent place of business; [PL 2003, c. 452, Pt. R, §6 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
F. Contain a statement of the consumer’s right to avoid as provided in this subchapter; and [PL 2003, c. 452, Pt. R, §6 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
G. Contain a statement of the limitation contained in section 4664?A. [PL 2003, c. 452, Pt. R, §6 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
The seller shall furnish a completely executed copy of the contract or agreement to the consumer immediately after the consumer signs the agreement or contract.
[PL 2003, c. 452, Pt. R, §6 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
Attorney's Note
Under the Maine Revised Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class D crime | up to 1 year | up to $2,000 |
| Class E crime | up to 6 months | up to $1,000 |
Terms Used In Maine Revised Statutes Title 32 Sec. 4662
- Consumer: means any person who purchases or contracts for the purchase of merchandise for any purpose, except resale in the ordinary course of trade or business. See Maine Revised Statutes Title 32 Sec. 4661
- Contract: A legal written agreement that becomes binding when signed.
- in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72
- Merchandise: includes any objects, wares, goods, commodities, intangibles or services. See Maine Revised Statutes Title 32 Sec. 4661
- Permanent place of business: means the building or other permanently affixed structure, including a home residence, which is used in whole or in part for the purpose of engaging in sales of consumer merchandise. See Maine Revised Statutes Title 32 Sec. 4661
- Sale: includes any sale, transfer, exchange or barter, offer for sale or attempt to sell any merchandise for cash or on credit. See Maine Revised Statutes Title 32 Sec. 4661
2. Penalty. The following penalties apply to violations of this section.
A. A seller 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. [PL 2003, c. 452, Pt. R, §6 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
B. A seller who intentionally violates this section commits a Class D crime. [PL 2003, c. 452, Pt. R, §6 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
[PL 2003, c. 452, Pt. R, §6 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
SECTION HISTORY
PL 1969, c. 395 (NEW). PL 1977, c. 331 (RPR). PL 1981, c. 187, §3 (AMD). PL 1987, c. 202, §2 (AMD). PL 2003, c. 452, §R6 (RPR). PL 2003, c. 452, §X2 (AFF).