Florida Statutes
Fla. Stat. § 501.045 (2025)
Home solicitation sale; duty of buyer.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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501.045 Home solicitation sale; duty of buyer.—Except as provided in s. 501.041, within a reasonable time after a home solicitation sale has been canceled or an offer to purchase revoked, the buyer upon demand must 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 than his or her residence. 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. For the purposes of this section, 40 days is presumed to be a reasonable time. The buyer has the 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 the seller’s risk. If the seller has performed any services pursuant to a home solicitation sale prior to its cancellation, the seller is entitled to no compensation for such services.
Arrestable Offenses under F.S. 501.045
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§501.045EMBEZZLEFAILURE OF BUYER TO FULFILL DUTY
Notes of Decisions
Cited in 1
case, 1985–1985 · leading case: Thrift Pak Foods Serv. (Fla) Inc. v. O'Steen, 12 Fla. Supp. 2d 32 (Fla. Palm Beach Cty. Ct. 1985).
Thrift Pak Foods Serv. (Fla) Inc. v. O'Steen, 12 Fla. Supp. 2d 32 (Fla. Palm Beach Cty. Ct. 1985). “See Section 501.045, Florida Statutes, (1983).”
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