9-A §3-502. Buyer's right to cancel
Title 9-A: MAINE CONSUMER CREDIT CODE
Article 3: REGULATION OF AGREEMENTS AND PRACTICES
Part 5: HOME SOLICITATION SALES
§3-502. Buyer's right to cancel
1. 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 which complies with this Part.
[ 1973, c. 762, §1 (NEW) .]
1-A. In addition to any other right to avoid a contract or sale, the first-time buyer of a home solicitation sale of a home food service plan has the right prior to delivery of the food or nonfood items to cancel the sale until midnight of the 10th day after the date on which the buyer signs an agreement or offer to purchase that complies with this Part.
[ 1991, c. 750, §1 (NEW) .]
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.
[ 1973, c. 762, §1 (NEW) .]
3. Notice of cancellation, if given by mail, is given when it is deposited in a mailbox properly addressed and postage prepaid.
[ 1973, c. 762, §1 (NEW) .]
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.
[ 1973, c. 762, §1 (NEW) .]
5. If the agreement or offer to purchase requires the seller to affix goods permanently to real estate or its appurtenances, then the seller may not begin performance as long as the buyer has the right to cancel.
[ 1981, c. 187, §1 (NEW) .]
6. If the agreement or offer to purchase requires the seller to deliver a home food service plan, the seller shall allow the first-time buyer of a home food service plan to cancel the plan, without charge, at the time of delivery of the food or nonfood items.
[ 1991, c. 750, §1 (NEW) .]
SECTION HISTORY
1973, c. 762, §1 (NEW). 1981, c. 187, §1 (AMD). 1991, c. 750, §1 (AMD).