13-26-105. Right of rescission -- Cancellation.

527 words·~2 min read·/ut/title-13/chapter-26/13-26-105

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

Effective 5/6/2026

(1)As used in this section, "business day" means a day other than Saturday, Sunday or a federal or state holiday.

(2)Before engaging in a solicitation with a consumer, a seller or a seller's solicitor shall orally advise the consumer of the seller or the seller's solicitor's:

(a)legal name;

(b)telephone number;

(c)complete mailing address; and

(d)email address.

(a)Except as provided in Subsections (3)(b) and

(c), in addition to any right to otherwise revoke an offer, a person who makes a purchase from a seller may cancel the sale at or before 11:59 p.m. on the third business day after the day on which the person receives the merchandise or premium, whichever is later, provided that the seller or the seller's solicitor advises the purchaser of the purchaser's cancellation rights under this chapter at the time the seller or seller's solicitor makes the solicitation.

(b)If the seller or the seller's solicitor fails to orally advise a purchaser of the right to cancel under this section at the time of a solicitation, the purchaser's right to cancel is extended to 90 days after the day on which the person receives the merchandise or premium.

(c)If the seller or the seller's solicitor fails to orally advise a purchaser of the seller's or the seller's solicitor's legal name, telephone number, and complete address at the time of a solicitation, the purchaser may cancel the sale at any time.

(d)Except as provided in Subsection (6), a seller shall provide a full refund to a purchaser who cancels a sale in accordance with this section.

(4)A purchaser may cancel a sale by:

(a)mailing a notice of cancellation to the seller or seller's solicitor's address, or email address the seller or seller's solicitor provides in accordance with Subsection

(2); or

(b)if the seller or the seller's solicitor fails to provide the purchaser with the seller's or the seller's solicitor's address or email address in accordance with Subsection

(2), sending a written notice of cancellation to the division's office.

(a)If a purchaser cancels a sale and the seller or the seller's solicitor complies with Subsection

(2), the purchaser shall, within seven business days after the day on which the purchaser exercises the right to cancel, make a reasonable attempt to:

(i)if the canceled sale involves durable goods, return the goods to the seller; or

(ii)if the canceled sale involves expendable goods, return any unused portion of the goods to the seller.

(b)If the seller or the seller's solicitor fails to provide the information required by Subsection

(2), a purchaser who cancels a sale is not required to return any canceled goods to the seller.

(a)If the purchaser who cancels a sale has used any portion of the services or goods purchased, the purchaser shall provide the seller a reasonable allowance for the value given.

(b)A seller may deduct the reasonable allowance described in Subsection (6)(a) from any refund due the purchaser.

Renumbered and Amended by Chapter 95 , 2026 General Session