New York Laws > Personal Property > Article 10-A – Door-to-Door Sales Protection Act
Current as of: 2022 | Check for updates | Other versions
|§ 425||Short Title; Purpose|
|§ 427||Buyer’s or Other Obligor’s Right to Cancel|
|§ 428||Form of Notice; Statement of Buyer’s Rights|
|§ 429||Restoration of Down Payment|
|§ 430||Duty of Buyer|
|§ 431||Restriction On Assignment of Obligation|
Terms Used In New York Laws > Personal Property > Article 10-A - Door-to-Door Sales Protection Act
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Business day: shall mean any calendar day except Sunday, or the following business holidays: New Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. See N.Y. Personal Property Law 426
- Consumer goods or services: shall mean goods or services purchased, leased, or rented primarily for personal, family or household purposes, including courses of instruction or training regardless of the purpose for which they are taken. See N.Y. Personal Property Law 426
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Door-to-door sale: shall mean a sale, lease or rental of consumer goods or services in which the seller or his representative personally solicits the sale, including those in response to or following an invitation by the buyer, and the buyer's agreement or offer to purchase is made at a place other than the place of business of the seller. See N.Y. Personal Property Law 426
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Lien: A claim against real or personal property in satisfaction of a debt.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- 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.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Personal emergency response service: shall mean (i) the provision and maintenance of electronic communication equipment in the home of an individual which signals a monitoring agency for help when activated by the individual, or after a period of time if a timer mechanism has not been reset; (ii) the continuous monitoring of such signals by a trained operator and, in case of receipt of such signal,
the immediate notification of such emergency response organizations or persons, if necessary, as the individual has previously specified. See N.Y. Personal Property Law 426
- Place of business: shall mean the main or permanent branch office or local address of the seller. See N.Y. Personal Property Law 426
- Purchase price: shall mean the total price paid or to be paid for the consumer goods or services, including all interest and service charges. See N.Y. Personal Property Law 426
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Seller: shall mean any person, partnership, corporation or association engaged in the the door-to-door sale of consumer goods or services. See N.Y. Personal Property Law 426
- Testify: Answer questions in court.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.