§ 5-3-402 — Buyer's right to cancel

(1) Except as provided in subsection (5) of
this section, in addition to any right otherwise to revoke an offer, the buyer has the
right to cancel a home solicitation sale until midnight of the third business day after
the day on which the buyer signs an agreement or offer to purchase that complies
with this part 4.

(2) Cancellation occurs when the buyer gives written notice of cancellation
to the seller at the address stated in the agreement or offer to purchase.

(3) Notice of cancellation, if given by mail, is given when it is deposited in a
mail box properly addressed and postage prepaid.

(4) Notice of cancellation given by the buyer need not take a particular form
and is sufficient if it indicates by any form of written expression the intention of the
buyer not to be bound by the home solicitation sale.

(5) The buyer may not cancel a home solicitation sale if, by separate dated
and signed statement that is not as to its material provisions a printed form and
describes an emergency requiring immediate remedy, the buyer requests the seller
to provide goods or services without delay in order to safeguard the health, safety,
or welfare of natural persons or to prevent damage to property the buyer owns or
for which the buyer is responsible, and:

(a) The seller in good faith makes a substantial beginning of performance of
the contract before the buyer gives notice of cancellation; and

(b) In the case of goods, the goods cannot be returned to the seller in
substantially as good condition as when received by the buyer.

Legislative History

Source: L. 2000: Entire article R&RE, p. 1222, � 1, effective July 1.