C.R.S. Section 5-3-404
Restoration of down payment

(1)

Within ten days after a notice of cancellation has been received by the seller or an offer to purchase has been otherwise revoked, the seller shall tender to the buyer any payments made by the buyer, any note or other evidence of indebtedness, and any goods traded in. A provision permitting the seller to keep all or any part of any goods traded in, payment, note, or other evidence of indebtedness is in violation of this section and unenforceable.

(2)

If the down payment includes goods traded in, the goods shall be tendered in substantially as good condition as when received by the seller. If the seller fails to tender the goods as provided by this section, the buyer may elect to recover an amount equal to the trade-in allowance stated in the agreement.

(3)

Until the seller has complied with the obligations imposed by this section, the buyer may retain possession of goods delivered to the buyer by the seller and has a lien on the goods in the buyer’s possession or control for any recovery to which the buyer is entitled.

Source: Section 5-3-404 — Restoration of down payment, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-05.­pdf (accessed Oct. 20, 2023).

5‑3‑101
Applicability - information required 5‑3‑102
Notice of assignment 5‑3‑103
Change in terms of revolving credit accounts 5‑3‑104
Receipts - statements of account - evidence of payment 5‑3‑105
Notice to cosigners and similar parties 5‑3‑106
Disclosures for real estate secured consumer credit transactions 5‑3‑107
Disclosures for consumer credit sale secured by a motor vehicle 5‑3‑108
Written agreement required 5‑3‑109
Records 5‑3‑110
Advertising 5‑3‑111
Use of credit scores 5‑3‑201
Security in sales or leases 5‑3‑202
Cross-collateral 5‑3‑203
Debt secured by cross-collateral 5‑3‑204
Restrictions on interest in land as security 5‑3‑205
Use of multiple agreements 5‑3‑206
No assignment of earnings 5‑3‑207
Authorization to confess judgment prohibited 5‑3‑208
Balloon payments 5‑3‑209
Referral sales 5‑3‑210
Discrimination prohibited - exemption 5‑3‑301
Restriction on liability in consumer lease 5‑3‑302
Limitation on default charges 5‑3‑303
Assignee subject to claims and defenses 5‑3‑304
Use of account - constructive assent to terms 5‑3‑305
Advance payment to reserve lodging and motor vehicle rental services - notice to consumer required 5‑3‑401
Definitions - “home solicitation sale” 5‑3‑402
Buyer’s right to cancel 5‑3‑403
Form of agreement or offer - statement of buyer’s rights 5‑3‑404
Restoration of down payment 5‑3‑405
Duty of buyer - no compensation for services prior to cancellation 5‑3‑501
Scope 5‑3‑502
Form of insurance premium loan agreement 5‑3‑503
Notice of cancellation
Green check means up to date. Up to date

Current through Fall 2024

§ 5-3-404’s source at colorado​.gov