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.

[PL 2003, c. 452, Pt. R, §8 (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:
ClassPrisonFine
Class D crimeup to 1 yearup to $2,000
Class E crimeup to 6 monthsup to $1,000
For details, see Me. Rev. Stat. Title 17-A § 1604

Terms Used In Maine Revised Statutes Title 32 Sec. 4666

  • 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.
  • Merchandise: includes any objects, wares, goods, commodities, intangibles or services. See Maine Revised Statutes Title 32 Sec. 4661
  • Person: includes any individual, firm, copartnership, association, society, club, corporation, estate, trust and any agent, employee, salesman, partner, officer, director, member, stockholder or trustee thereof. 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 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. [PL 2003, c. 452, Pt. R, §8 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
B. A person who intentionally violates this section commits a Class D crime. [PL 2003, c. 452, Pt. R, §8 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]

[PL 2003, c. 452, Pt. R, §8 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]

SECTION HISTORY

PL 1969, c. 395 (NEW). PL 2003, c. 452, §R8 (RPR). PL 2003, c. 452, §X2 (AFF).