(1) Except as provided in subsection (5) of this section, 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 that complies with this part 4.
Cancellation occurs when the buyer gives written notice of cancellation to the sellerat the address stated in the agreement or offer to purchase.
Notice of cancellation, if given by mail, is given when it is deposited in a mail boxproperly addressed and postage prepaid.
Notice of cancellation given by the buyer need not take a particular form and issufficient if it indicates by any form of written expression the intention of the buyer not to be bound by the home solicitation sale.
The buyer may not cancel a home solicitation sale if, by separate dated and signedstatement that is not as to its material provisions a printed form and describes an emergency requiring immediate remedy, the buyer requests the seller to provide goods or services without delay in order to safeguard the health, safety, or welfare of natural persons or to prevent damage to property the buyer owns or for which the buyer is responsible, and:
The seller in good faith makes a substantial beginning of performance of the contractbefore the buyer gives notice of cancellation; and
In the case of goods, the goods cannot be returned to the seller in substantially asgood condition as when received by the buyer.
Source: L. 2000: Entire article R&RE, p. 1222, § 1, effective July 1.
Editor's note: This section is similar to former § 5-2-502, as it existed prior to 2000.