367.420 Buyer's right to cancel home solicitation sale -- Method of cancellation.

326 words·~1 min read·/ky/chapter-367/367-420

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Except for home solicitation sales on loans in which a security interest is taken in

the principal dwelling of the buyer as provided in subsection

(6)of this section, and

except as provided in subsection

(5)for other goods and services, including all other

consumer loans, 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.

(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.

(3)Notice of cancellation, if given by mail, is given when it is deposited in a mailbox

properly addressed and postage prepaid.

(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.

(5)The 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

(a)The seller in good faith makes a substantial beginning of performance of the

contract before the buyer gives notice of cancellation, and

(b)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)For home solicitation sales on loans in which a security interest is taken in the

principal dwelling of the buyer, the buyer shall have the right to rescind or cancel

the transaction until midnight of the tenth business day following the later of the

consummation of the loan transaction or the delivery of the material disclosures

required under the Truth in Lending Act, 15 U.S.C. 1601 et seq.