70C-5-103 - Form of agreement or offer -- Statement of buyer's rights.
70C-5-103. Form of agreement or offer -- Statement of buyer's rights.
(1) In a home solicitation sale, unless the buyer requests the seller to provide goods orservices without delay in an emergency, the seller shall present to the buyer and obtain hissignature to a written agreement or offer to purchase which designates as the date of thetransaction the date on which the buyer actually signs and contains a statement of the buyer'srights which complies with Subsection (2).
(2) The statement shall:
(a) appear under the conspicuous caption: "BUYER'S RIGHT TO CANCEL"; and
(b) read as follows:
"If this agreement was solicited at your residence or place of employment and you do notwant the goods or services, you may cancel this agreement by mailing a notice to the seller. Thenotice must say that you do not want the goods or services and must be mailed before midnighton the third business day after you sign this agreement. The notice must be mailed to:_________________________ (insert name and mailing address of seller)."
(3) Compliance with any notice of cancellation or similar requirement of any rule of theFederal Trade Commission which by its terms applies to a home solicitation sale covered by thistitle is deemed compliance with Subsection (2)(b) if compliance is totally consistent with thistitle.
(4) Until the seller has complied with this section the buyer may cancel the homesolicitation sale by notifying the seller in any manner and by any means of his intention to cancel.
Enacted by Chapter 159, 1985 General Session