New Mexico Door-to-Door Home Improvement Contract

NEW MEXICO DOOR-TO-DOOR HOME IMPROVEMENT CONTRACT

Before signing: Use this form only when the contractor personally solicits a household improvement sale of at least $25 and the owner's agreement or offer is made away from the contractor's place of business. Section 57-12-21(C)(3) lists exclusions, including covered credit rescission transactions and certain buyer-initiated emergencies. This English form is for a presentation principally in English. If another language is principally used, prepare the contract and both cancellation notices in that language. Complete and give each buyer a signed copy and two completed, detachable cancellation notices at signing. Tell each buyer orally about the cancellation right. For residential contracting, also deliver the separate Construction Industries Division-approved disclosure form before signing, work, or payment under § 60-13-19(C).

Transaction date: [__/__/____]

Owner/buyer: [FULL LEGAL NAME] Address: [STREET, CITY, NEW MEXICO ZIP]

Contractor/seller: [LEGAL NAME] Permanent business address: [STREET, CITY, STATE ZIP]

Contractor phone and email: [PHONE; EMAIL] License or registration, if applicable: [NUMBER]

Work site: [STREET ADDRESS, CITY, NEW MEXICO ZIP]

Division-approved residential contracting disclosure delivered to Owner: [DATE, TIME, FORM IDENTIFIER]

1. Work and materials

Contractor will furnish the labor, materials, equipment, and supervision for this household improvement: [DETAILED WORK DESCRIPTION]. The signed plans, specifications, and materials schedule attached as [IDENTIFY ATTACHMENTS OR NONE] are part of this contract.

Materials, quantities, brands, and finishes: [DETAILS]

Excluded work and owner-provided items: [DETAILS OR NONE]

Permits and inspections: [PARTY] will obtain [LIST] and pay [AMOUNT OR METHOD]. Contractor will perform the work under applicable permits and codes.

2. Price and payment

Total price: $[AMOUNT], including [TAXES, DELIVERY, DISPOSAL, AND PERMIT COSTS OR EXCLUSIONS]. The amount is payable as follows:

The payments above total $[AMOUNT]. Contractor will give a receipt for each payment. The owner may describe disputed work in writing; payment for completed, undisputed work follows the schedule above.

3. Schedule and changes

Expected start: [__/__/____] Expected completion: [__/__/____]. Site access and work hours: [DETAILS]. Contractor will notify Owner of material delay and its cause. A change to work, price, or schedule requires a written change order signed by both parties before the changed work begins.

4. Completion and warranty

Contractor will keep the work area reasonably orderly, remove its debris, and provide permit signoffs and product documents in its possession at completion. The parties will record remaining work at the final walkthrough. Workmanship warranty, if offered: [TERM, SCOPE, CLAIM ADDRESS, REMEDY / NONE]. Product warranties: [IDENTIFY / NONE].

5. Notices and ordinary termination

Contract notices other than the statutory cancellation notice go to the addresses above by [DELIVERY METHOD]. Either party may give written notice of a material breach and [NUMBER] days to cure, if curable. On an agreed termination, the parties will record completed work, materials purchased for this project, payments made, and any remaining disputed amount. This clause does not narrow the owner's statutory cancellation right stated below.

6. Buyer cancellation notice and signatures

The following statutory statement must be printed in bold type of at least 10 points immediately next to the buyer's signature.

You, the buyer, may cancel this transaction at any time prior to midnight of the third business day after the date of this transaction. See the attached notice of cancellation form for an explanation of this right.

Owner/buyer signature: [________________________________] Date: [__/__/____]

Contractor authorized signature: [________________________________] Date: [__/__/____]

Printed name and title: [________________________________]

Contractor confirms delivery at signing of this completed contract and both completed, detachable notices below and confirms that it orally told Owner about the right to cancel: [CONTRACTOR INITIALS].

DETACHABLE NOTICE OF CANCELLATION — COPY 1

NOTICE OF CANCELLATION

[TRANSACTION DATE] date

You may cancel this transaction, without any penalty or obligation, within three business days from the above date.

If you cancel, any property traded in, any payments made by you under the contract or sale and any negotiable instrument executed by you will be returned within ten business days following receipt by the seller of your cancellation notice and any security interest arising out of the transaction will be canceled.

If you cancel, you must make available to the seller at your residence, in substantially as good condition as when received, any goods delivered to you under this contract or sale; or you may, if you wish, comply with the instructions of the seller regarding the return shipment of the goods at the seller's expense and risk.

If you do make the goods available to the seller and the seller does not pick them up within twenty days of the date of your notice of cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to the seller or if you agree to return the goods to the seller and fail to do so, then you remain liable for performance of all obligations under the contract.

To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice or any other written notice or send a telegram to:

[SELLER NAME] (name of seller)

at [SELLER BUSINESS ADDRESS] (address of seller's place of business)

not later than midnight of [LAST CANCELLATION DATE] (date)

I hereby cancel this transaction.

[CANCELLATION DATE] (date)

[BUYER SIGNATURE] (buyer's signature)

DETACHABLE NOTICE OF CANCELLATION — COPY 2

NOTICE OF CANCELLATION

[TRANSACTION DATE] date

You may cancel this transaction, without any penalty or obligation, within three business days from the above date.

If you cancel, any property traded in, any payments made by you under the contract or sale and any negotiable instrument executed by you will be returned within ten business days following receipt by the seller of your cancellation notice and any security interest arising out of the transaction will be canceled.

If you cancel, you must make available to the seller at your residence, in substantially as good condition as when received, any goods delivered to you under this contract or sale; or you may, if you wish, comply with the instructions of the seller regarding the return shipment of the goods at the seller's expense and risk.

If you do make the goods available to the seller and the seller does not pick them up within twenty days of the date of your notice of cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to the seller or if you agree to return the goods to the seller and fail to do so, then you remain liable for performance of all obligations under the contract.

To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice or any other written notice or send a telegram to:

[SELLER NAME] (name of seller)

at [SELLER BUSINESS ADDRESS] (address of seller's place of business)

not later than midnight of [LAST CANCELLATION DATE] (date)

I hereby cancel this transaction.

[CANCELLATION DATE] (date)

[BUYER SIGNATURE] (buyer's signature)

Source

• New Mexico Statutes, Chapter 57, § 57-12-21
• New Mexico Statutes, Chapter 60, § 60-13-19