§ 25A-39. Buyer's right to cancel.
§25A‑39. Buyer's right to cancel.
(a) Except as providedin subsection (e) of this section, in addition to any right otherwise to revokean offer, the buyer has the right to cancel a home‑solicitation saleuntil midnight of the third business day after the day on which the buyer signsan agreement or offer to purchase which complies with G.S. 25A‑40, orwhich complies with the requirements of the Federal Trade Commission TradeRegulation Rule Concerning a Cooling‑Off Period for Door‑to‑DoorSales.
(b) Cancellation occurswhen the buyer gives written notice of cancellation to the seller at theaddress stated in the agreement or offer to purchase.
(c) Notice ofcancellation, if given by mail, is given when it is deposited in the UnitedStates mail properly addressed and postage prepaid.
(d) Unless the sellercomplies with G.S. 25A‑40(b), notice of cancellation given by the buyerneed not take a particular form and is sufficient if it indicates by any formof written expression the intention of the buyer not to be bound by the home‑solicitationsale.
(e) The buyer may notcancel a home‑solicitation sale if the buyer requests the seller in aseparate writing to provide goods or services without delay because of anurgency or an emergency, and
(1) The seller in goodfaith makes a substantial beginning of performance of the contract before thebuyer gives notification of cancellation,
(2) In the case ofgoods, the goods cannot be returned to the seller in substantially as goodcondition as when received by the buyer, and
(3) Unless the buyerreturns the goods, if any, to the seller at his expense.
(f) A buyer, who has notreceived delivery of the goods and services from the seller in a home‑solicitationsale within 30 days following the execution of the contract (and such delay isthe fault of the seller), shall have the right at any time thereafter beforeacceptance of the goods and services to rescind the contract and to receive arefund of all payments made and to a return of all goods traded in to theseller on account of or in contemplation of such contract, or if the goodstraded in cannot or are not returned to the buyer within 10 days aftercancellation, the buyer may elect to recover an amount equal to the trade‑inallowance stated in the contract. By written agreement, the buyer may agree toa later time for the delivery of goods and services. (1971,c. 796, s. 1; 1975, c. 805, s. 1.)