Restoration of down payment; security interest void; return of property

Wis. Stat. § 423.204 — under RIGHT TO CANCEL.

Wis. Stat. § 423.204

423.204 Restoration of down payment; security interest void; return of property. (1) Within 10 days after a consumer approval transaction has been canceled, the merchant shall cause any money paid by the customer, including a down payment, to be returned to the customer and shall take any appropriate action to reflect the termination of the transaction including any security interest created as a result. (2) Upon cancellation, as allowed by this section, the customer is not liable for any finance or other charge and the transaction, including any security interest, is void. (3) If the merchant has received any property from the customer, the merchant shall return such property in substantially as good condition as it was when it was given within 20 days after the cancellation of the transaction. If such property is not returned within such time, the customer shall have the right to recover the property or the greater of its agreed or fair market value at retail. History: 1971 c. 239; 1991 a. 316.

423.205 Duty of customer. (1) The customer has the duty to take reasonable care of the delivered property in the customer’s possession from the time of delivery until the expiration of a reasonable time after tender, not to exceed 20 days. (2) Upon the performance of the merchant’s obligations under s. 423.204, the customer shall tender the property to the merchant. (3) Tender shall be made at the location of the property or at the residence of the customer at the option of the customer. (4) If the merchant does not take possession of the property within 20 days after tender by the customer, ownership of the property vests in the customer without obligation on the customer’s part to pay for it. (5) If the merchant has performed any services pursuant to a consumer approval transaction prior to its cancellation, the merchant is entitled to no compensation. History: 1971 c. 239; 1973 c. 3.; 1991 a. 316. Cross-reference: See also s. DFI-WCA 1.44, Wis. adm. code.

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