Section 24-5-11-10.6 - Contracts entered after June 30, 2017; statement of right to cancel; notice of cancellation; consumer's right to cancel; effective date of notice; return of payment or deposit; emergency or temporary services performed(a) This section applies to a real property improvement contract that is entered into by a real property improvement supplier and a consumer after June 30, 2017.(b) Before entering into a real property improvement contract with a consumer, the real property improvement supplier must inform the consumer of the consumer's rights under this section by doing the following:(1) Furnishing to the consumer the following statement: "You may cancel this contract at any time before midnight on the third business day after the later of the following: (A) The date this contract is signed by you and (name of real property improvement supplier).(B) If applicable, the date you receive written notification from your insurance company of a final determination as to whether all or any part of your claim or this contract is a covered loss under your insurance policy. See attached notice of cancellation form for an explanation of this right.".
(2) Furnishing to the consumer a form, in duplicate, that is captioned "NOTICE OF CANCELLATION" and is attached to the contract but easily detachable, and that contains the following statement in at least 10 point, boldface type: "NOTICE OF CANCELLATION
You may cancel this contract by mailing, delivering, or submitting by electronic mail a signed and dated copy of this cancellation notice or any other written notice to (name of real property improvement supplier) at (address of real property improvement supplier's place of business), or (electronic mail address described in section 10(a)(2)(A) or 10(a)(2)(B)(iii) of this chapter), at any time before midnight on the third business day after the later of the following:
(A) The date this contract is signed by you and (name of real property improvement supplier).(B) If applicable, the date you receive written notification from your insurance company of a final determination as to whether all or any part of your claim or this contract is a covered loss under your insurance policy. If you cancel this contract, any payments made by you under the contract will be returned to you within ten (10) business days following receipt by (name of real property improvement supplier) of your cancellation notice, minus any amounts you may owe for work already done by (name of real property improvement supplier).
I HEREBY CANCEL THIS TRANSACTION
_______________________________
(date)
_______________________________
(consumer's signature)".
(c) A consumer may cancel a real property improvement contract under this section before midnight on the third business day after the later of the following: (1) The date the real property improvement contract is signed by the consumer and the real property improvement supplier.(2) If applicable, the date the consumer receives written notification from the consumer's insurance company of a final determination as to whether all or any part of the consumer's claim or the real property improvement contract is a covered loss under the consumer's insurance policy.(d) A consumer who seeks to cancel a real property improvement contract under this section must provide to the real property improvement supplier, at the address or electronic mail address specified in the form provided under subsection (b), written notice of the consumer's intent not to be bound by the contract. If the notice of cancellation is sent by mail, the notice is effective upon deposit of the notice into the United States mail, with postage prepaid and the notice properly addressed to the real property improvement supplier. If the notice of cancellation is submitted by electronic mail, the notice is effective on the date it is electronically submitted. Subject to subsection (e), not later than ten (10) days after a real property improvement contract is canceled under this section, the real property improvement supplier shall tender to the consumer: (1) any payment or deposit made by the consumer; and(2) any note or other evidence of indebtedness of the consumer.(e) If:(1) a consumer cancels a real property improvement contract under this section; and(2) the real property improvement supplier has performed emergency or temporary services that the consumer acknowledged in writing before their performance to be necessary to prevent damage to the real property; the real property improvement supplier is entitled to the reasonable value of the emergency or temporary services performed.
Added by P.L. 170-2017,SEC. 20, eff. 7/1/2017.