C.R.S. Section 5-3-405
Duty of buyer

  • no compensation for services prior to cancellation

(1)

Except as provided by the provisions on retention of goods by the buyer contained in section 5-3-404 (3) and allowing for ordinary wear and tear or consumption of the goods contemplated by the transaction, within a reasonable time after a home solicitation sale has been canceled or an offer to purchase revoked, the buyer upon demand must tender to the seller any goods delivered by the seller pursuant to the sale, but the buyer is not obligated to tender at any place other than the buyer’s residence. If the seller fails to demand possession of goods within a reasonable time after cancellation or revocation, the goods become the property of the buyer without obligation to pay for them. For the purpose of this section, forty days is presumed to be a reasonable time.

(2)

The buyer has a duty to take reasonable care of the goods in his or her possession before cancellation or revocation and for a reasonable time thereafter during which time the goods are otherwise at the seller’s risk.

(3)

If a home solicitation sale is canceled, the seller is not entitled to compensation for any services the seller performed pursuant to it.

Source: Section 5-3-405 — Duty of buyer - no compensation for services prior to cancellation, 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

§ 5-3-405’s source at colorado​.gov