§ 367.450

367.450 Return of goods to seller after cancellation -- Time and place of return -- Seller's compensation -- Application of statute. (1) (a) Except as provided by the provisions on retention of goods by the buyer in KRS 367.440(3), within a reasonabl e time after a home solicitation sale has been canceled or an offer to purchase revoked, the buyer upon demand shall tender to the seller any goods delivered by the seller pursuant to the sale but he or she is not obligated to tender at any place other tha n his or her residence. (b) If the seller fails to demand possession of goods within a reasonable time after cancellation or revocation, the goods become the property of the buyer without obligation to pay for them. (c) For the purpose of this section, for ty (40) days is presumed to be a reasonable time. (2) The buyer has a duty to take reasonable care of the goods in his or her possession before cancellation or revocation and for a reasonable time thereafter, during which time the goods are otherwise at t he seller's risk. (3) If the seller has performed any services pursuant to a home solicitation sale prior to its cancellation, the seller is entitled to no compensation.

the goods are otherwise at t he seller's risk. (3) If the seller has performed any services pursuant to a home solicitation sale prior to its cancellation, the seller is entitled to no compensation. (4) (a) As used in this subsection, 'affiliate' means, as to any person, another per son that, directly or indirectly through one (1) or more intermediaries, controls, is controlled by, or is under common control with the person. (b) KRS 367.410 to 367.450 shall not apply to: 1. Any sale under twenty -five dollars ($25); 2. Any type of insurance sale; or 3. If the seller is, or the seller is an affiliate of a person that is, licensed by, registered with, or otherwise regulated by the Department of Insurance, the following: a. Any sale of a service contract to repair, replace, or maintain consumer products; or b. Any sale of goods or services related to insurance or a service contract to repair, replace, or maintain consumer products. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 47, sec. 1, effective July 15, 202 4. -- Amended 1974 Ky. Acts ch. 284, sec. 4. -- Created 1972 Ky. Acts ch. 29, sec. 5.