Indiana Code 24-5-12-19. Deceptive statements; failure to deliver item ordered; voiding of contract; requisites
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Sec. 19. If a seller:
(2) fails to deliver an item ordered within four (4) weeks;
(1) uses any untrue, misleading, or deceptive statement in a solicitation or sale; or
Terms Used In Indiana Code 24-5-12-19
- Contract: A legal written agreement that becomes binding when signed.
- item: means tangible or intangible property or services. See Indiana Code 24-5-12-2
- seller: means a person who, personally, through salespersons, or through the use of an automated dialing and answering device, makes a solicitation if in the solicitation any one (1) of the following occurs:
Indiana Code 24-5-12-8
- solicitation: means a telephone conversation or attempted telephone conversation that occurs in a telephone call made by a seller to another person in which the seller offers, or attempts to offer, an item to the other person in exchange for money or other consideration. See Indiana Code 24-5-12-9
the purchaser may void the contract within ninety (90) days from the date of the contract by giving written notice to the seller and is entitled to a return from the seller of all consideration paid to the seller. Upon receipt by the purchaser of the consideration paid to the seller, the purchaser shall make available to the seller, at a reasonable time and place, the items received by the purchaser.
As added by P.L.253-1987, SEC.1. Amended by P.L.5-1988, SEC.131.