Michigan Laws 445.112 – Right of buyer to cancel home solicitation sale; time; notice of cancellation; restriction on right to cancel; sale subject to debtor’s right to rescind
Current as of: 2024 | Check for updates
|
Other versions
(1) Except as provided in subsection (5), in addition to any right otherwise to revoke an offer, a 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 act. The seller in a home solicitation sale shall not acquire payment by having an independent courier service or other third party pick up the buyer’s payment at the buyer’s residence until after the buyer’s right-to-revoke period prescribed by this act has expired.
(2) Cancellation occurs when the buyer mails or delivers the notice of cancellation provided for in section 3(2) or any other written notice, or sends a telegram, to the seller at the address stated in the notice of cancellation.
Terms Used In Michigan Laws 445.112
- Business day: means Monday through Friday and does not include Saturday, Sunday, or the following business holidays: New Year's day, Martin Luther King's birthday, Washington's birthday, Memorial day, Independence day, Labor day, Columbus day, Veterans' day, Thanksgiving day, and Christmas day. See Michigan Laws 445.111
- Contract: A legal written agreement that becomes binding when signed.
- Home solicitation sale: means a sale of goods or services of more than $25. See Michigan Laws 445.111
(3) A notice of cancellation or other written notice, if mailed to the seller, is given when it is deposited in a mailbox properly addressed and postage prepaid.
(4) A written notice or telegram given by the buyer other than the notice of cancellation 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) A buyer may not cancel a home solicitation sale if the buyer requests the seller to provide goods or services without delay because of an emergency, and all of the following conditions are met:
(a) The seller in good faith makes a substantial beginning of performance of the contract before the buyer gives notice of cancellation.
(b) The buyer furnishes the seller with a separate dated and signed personal statement in the buyer’s handwriting describing the situation requiring immediate remedy and expressly acknowledging and waiving the right to cancel the sale within 3 business days.
(c) In the case of goods, the goods cannot be returned to the seller in substantially as good condition as when received by the buyer.
(6) If a home solicitation sale is also subject to the debtor’s right to rescind certain transactions, the buyer may proceed either under those provisions or under this section.