The 2023 Florida Statutes (including Special Session C)

Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS

Chapter 501
CONSUMER PROTECTION

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F.S. 501.031

501.031 Home solicitation sale; written agreement.—Every home solicitation sale shall be evidenced by a writing as provided in this section.

(1) In a home solicitation sale, the seller must present to and obtain from the buyer his or her signature to a written agreement or offer to purchase which designates, as the date of the transaction, the date on which the buyer actually signs and which contains a statement of the buyer’s rights, which statement complies with subsection (2).

(2) The statement must:

(a) Appear under the conspicuous caption, “BUYER’S RIGHT TO CANCEL”;

(b) Read as follows: “This is a home solicitation sale, and if you do not want the goods or services, you may cancel this agreement by providing written notice to the seller in person, by telegram, or by mail. This notice must indicate that you do not want the goods or services and must be delivered or postmarked before midnight of the third business day after you sign this agreement. If you cancel this agreement, the seller may not keep all or part of any cash down payment.”

History.—s. 3, ch. 70-363; s. 2, ch. 84-63; s. 1, ch. 85-5; s. 612, ch. 97-103.

F.S. 501.031 on Google Scholar

F.S. 501.031 on Casetext

Amendments to 501.031

Arrestable Offenses / Crimes under Fla. Stat. 501.031

Level: Degree
Misdemeanor/Felony: First/Second/Third

S501.031 - PUBLIC ORDER CRIMES - FAIL TO OBTAIN BUYERS SIGNATURE - M: F

Annotations, Discussions, Cases:

Cases from cite.case.law:

THRIFT PAK FOODS SERVICE FLA INC. v. O STEEN, 12 Fla. Supp. 2d 32 (Palm Beach Cty. Ct. 1985)

. . . Section 501.031, Florida Statutes (1983). . . . At no time in its dealings with Defendants did Plaintiff comply with Section 501.031, Florida Statutes . . . The notice provision contained in Section 501.031 is the central element in the legislation controlling . . . Section 501.031, Florida Statutes (1983). . . . suing for damages arising from a home solicitation sale until such time as it complies with Section 501.031 . . .