South Dakota Door-to-Door Home Improvement Contract

South Dakota Door-to-Door Home Improvement Contract

Before signing: Use only when the seller personally solicits a consumer home improvement at the buyer's residence, the buyer signs there for a cash price of at least $25, and the oral sales presentation is principally in English. Confirm that no exclusion in SDCL § 37-24-5.2 or 16 C.F.R. § 429.0(a) applies. Complete all four detachable notices before signing and give the buyer a complete copy of this contract with them. The seller must orally explain cancellation at signing. Print the cancellation statement beside the buyer's signature and the notices in bold type at least 10 points. A sale principally presented in another language needs the federal contract and notices in that language.

Transaction date: [__/__/____]
Place of solicitation and signing: Buyer's South Dakota residence at [ADDRESS]
Buyer legal name: [________________________________]
Seller/contractor legal name: [________________________________]
Seller's permanent business and cancellation address: [________________________________]
Seller's telephone and email: [________________________________]

1. Work

Seller will furnish the labor, materials, equipment, and supervision described in Exhibit A at the buyer's residence. Exhibit A identifies the work area, tasks, materials, dimensions, exclusions, and any permit or inspection responsibility.

Work start date: [__/__/____] Target completion date: [__/__/____]

Seller will perform the work in a workmanlike manner and comply with applicable permit and licensing requirements. Seller's applicable registration or trade license, if any: [AUTHORITY / NUMBER]. Permits and inspections: Seller obtains [LIST] at Seller's expense; Buyer obtains [LIST / NONE] at Buyer's expense.

Changes to scope, price, or time require a dated writing signed by both parties before the changed work begins. The writing will describe the change and its added or reduced price.

2. Price and payment

Total cash price: $[________]
Deposit at signing: $[________]
Progress payment on [MILESTONE]: $[________]
Final payment after completion and walkthrough: $[________]

The payments above must total the cash price. No seller credit or financing is offered under this form. Buyer will pay by [METHOD]. Seller will give a receipt for each payment. Any dispute about completed work will be documented in writing; the parties may agree on a cure schedule without waiving statutory cancellation rights.

3. Materials, access, and completion

Seller will supply the materials in Exhibit A. Substitutions require Buyer's written approval. Buyer will provide reasonable access and identify known utilities, site hazards, and access limits. Seller will keep the work area reasonably safe and remove its debris when finished.

On completion, the parties will record any unfinished or defective items and an agreed correction date in Exhibit B. Each party keeps a signed copy. Any warranty promised by Seller is written in Exhibit C; no unstated warranty is created or waived here.

4. Cancellation and other rights

Buyer may cancel a covered sale through the stated deadline. The completed South Dakota and federal notices below explain how to cancel and what follows. Seller shall honor a valid cancellation and perform the return and refund duties required by SDCL § 37-24-5.6 and 16 C.F.R. § 429.1(g), (i). Nothing in this contract waives Buyer's rights under SDCL chapter 37-24 or the federal Cooling-Off Rule. Neither party consents to a confession of judgment.

Cancellation deadline entered by Seller: [__/__/____] at midnight. The date entered on all four notices must be no earlier than the third business day under either applicable rule. Seller's address for mailed or delivered cancellation: [BUSINESS ADDRESS]. Seller's electronic notice address for the South Dakota form: [EMAIL].

5. Signatures

The parties agree to the work and price above and the completed exhibits. Seller has orally informed Buyer of the cancellation right and delivered a complete signed copy with two detachable South Dakota notices and two detachable federal notices.

Seller signature: [________________________________] Date: [__/__/____]

BUYER'S CANCELLATION RIGHT — PRINT IN BOLD 10-POINT TYPE BESIDE THIS 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.

Buyer signature: [________________________________] Date: [__/__/____]

Exhibit A — Work and materials

Site or permit details: [________________________________]

Exhibit B — Completion record

Completion walkthrough date: [__/__/____]
Items to correct and agreed date: [________________________________]
Buyer signature: [________________________________] Seller signature: [________________________________]

Exhibit C — Seller's written warranty, if any

Coverage and duration: [________________________________]
How Buyer requests service: [________________________________]
Exclusions disclosed by Seller: [________________________________]

South Dakota Notice of Cancellation — Copy 1, detach and give to Buyer

NOTICE OF CANCELLATION

[TRANSACTION 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 YOU 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 AN ELECTRONIC NOTICE, TO [SELLER LEGAL NAME] AT [SELLER BUSINESS ADDRESS] NOT LATER THAN MIDNIGHT OF

[CANCELLATION DEADLINE]

I HEREBY CANCEL THIS TRANSACTION.

[CANCELLATION DATE]

[BUYER SIGNATURE]

Seller electronic address for a South Dakota electronic cancellation notice: [SELLER EMAIL]

South Dakota Notice of Cancellation — Copy 2, detach and give to Buyer

NOTICE OF CANCELLATION

[TRANSACTION 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 YOU 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 AN ELECTRONIC NOTICE, TO [SELLER LEGAL NAME] AT [SELLER BUSINESS ADDRESS] NOT LATER THAN MIDNIGHT OF

[CANCELLATION DEADLINE]

I HEREBY CANCEL THIS TRANSACTION.

[CANCELLATION DATE]

[BUYER SIGNATURE]

Seller electronic address for a South Dakota electronic cancellation notice: [SELLER EMAIL]

Federal Notice of Cancellation — Copy 1, detach and give to Buyer

NOTICE OF CANCELLATION

[TRANSACTION 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 cancelled.

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 20 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 LEGAL NAME], at [SELLER BUSINESS ADDRESS] NOT LATER THAN MIDNIGHT OF [CANCELLATION DEADLINE].

I HEREBY CANCEL THIS TRANSACTION.

[CANCELLATION DATE]

[BUYER SIGNATURE]

Federal Notice of Cancellation — Copy 2, detach and give to Buyer

NOTICE OF CANCELLATION

[TRANSACTION 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 cancelled.

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 20 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 LEGAL NAME], at [SELLER BUSINESS ADDRESS] NOT LATER THAN MIDNIGHT OF [CANCELLATION DEADLINE].

I HEREBY CANCEL THIS TRANSACTION.

[CANCELLATION DATE]

[BUYER SIGNATURE]

Sources and references

• South Dakota door-to-door sale provisions, SDCL §§ 37-24-5.1 to -5.7
• FTC Cooling-Off Rule, 16 C.F.R. part 429