N.Y.
Personal Property Law Section 445
Duty of buyer
1.
Except as provided in subdivision four of § 444 (Restoration of down payment)section four hundred forty-four of this article, within a reasonable time after a telephone sale has been cancelled and the buyer has received written notice from the seller that the buyer’s charge account has been recredited, the buyer upon demand shall tender to the seller any goods delivered by the seller pursuant to the sale but need not tender at any place other than his residence. If the seller fails to demand possession of such goods within a reasonable time after cancellation or revocation, the goods shall become the property of the buyer without obligation to pay for them. For the purpose of this section, twenty days shall be presumed to be a reasonable time.2.
The buyer shall take reasonable care of the goods in his possession both before cancellation and for a reasonable time thereafter, during which time the goods are otherwise at the seller’s risk.3.
If the seller has performed any services pursuant to a telephone sale prior to its cancellation, the seller shall not be entitled to compensation therefor.
Source:
Section 445 — Duty of buyer, https://www.nysenate.gov/legislation/laws/PEP/445 (updated Sep. 22, 2014; accessed Dec. 21, 2024).
