Commercial Law – General Regulatory Provisions

Lay-Away Sales

SECTION 6-32-2

§ 6-32-2. Duties of the seller.

It shall be unlawful for any seller of goods:

(1) To fail to disclose or to misrepresent in any way the store's policy with reference to a "lay-away" sale;

(2) To represent to a buyer who is purchasing on a "lay-away" sale that the specific goods chosen by the buyer or an exact duplicate of the goods are being laid away for that buyer when that is not a fact;

(3) To fail to disclose to the buyer that the specified goods or their exact duplicate will only be set aside for a certain period of time;

(4) To deliver to the buyer after payments (pursuant to the lay-away sale) are completed, goods that are not identical to, or exact substitutes of, those specified, unless prior approval in writing has been received from the buyer;

(5) To increase the price of the goods specified either by way of increasing the payments or substituting goods that are of a lower quality or price;

(6) To fail to deliver to the buyer, on any date payment is made, a receipt showing the amount and the date of that payment, and, upon request, the balance of payments made up to that date.

History of Section.
(P.L. 1976, ch. 291, § 2; P.L. 2014, ch. 528, § 24.)