Montana Code 30-14-504. Buyer’s right to cancel — time allowed — notice — return of goods
30-14-504. Buyer’s right to cancel — time allowed — notice — return of goods. (1) Except as provided in subsection (5), in addition to any right otherwise to revoke an offer, the buyer or any other person obligated for any part of the purchase price may cancel a personal solicitation sale until midnight of the third business day after the day on which the buyer has signed an agreement or offer to purchase relating to the sale, provided that in the case of a personal solicitation sale made by telephone, the buyer may cancel at any time prior to the buyer’s signing of an agreement or offer to purchase relating to the sale.
Terms Used In Montana Code 30-14-504
- Buyer: means anyone who gives a consideration for the purchase or use of goods or services. See Montana Code 30-14-502
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Personal solicitation: means any attempt by a seller to sell goods or services when either the seller or a person acting for the seller contacts the buyer by telephone or in person other than at the place of business of the seller, except:
(a)an attempted sale in which the buyer, prior to the attempted sale, personally knows the identity of the seller, the name of the business, firm, or organization that the seller represents, and the identity or kinds of goods or services offered for sale;
(b)an attempted sale in which the buyer has initiated the contact with the seller;
(c)an attempted sale of a newspaper subscription in which the seller is a minor engaged in both the delivery and the sale of the newspaper;
(d)an attempted sale of an insurance policy; or
(e)an attempted sale of more than $5,000 of goods or services that are not primarily for personal, family, or household purposes. See Montana Code 30-14-502
- Personal solicitation sale: means the purchase, lease, or rental of any goods or services following a personal solicitation by the seller or a person acting for the seller if the buyer is required to give consideration in excess of $25 in cash or credit. See Montana Code 30-14-502
- Seller: means a lessor, renter, or anyone offering goods or services for consideration, including an assignee of a seller. See Montana Code 30-14-502
(2)Cancellation occurs when written notice of cancellation is given to the seller.
(3)Notice of cancellation, if given by mail, is considered given when deposited in a mailbox properly addressed and postage prepaid.
(4)Notice of cancellation need not take the form prescribed and is sufficient if it indicates the intention of the buyer not to be bound.
(5)A personal solicitation sale may not be canceled if, in the case of goods, the goods cannot be returned to the seller in substantially the same condition as when received by the buyer.