407.705. Cancellation, notice of, how given--cancellation prohibited, when--business day defined. - Missouri Statutes

Cancellation, notice of, how given--cancellation prohibited,when--business day defined.

407.705. 1. Except as provided in subsection 3 of thissection, in addition to any right otherwise to revoke an offer,the buyer has the right to cancel a home solicitation sale untilmidnight of the third business day after the day on which thebuyer signs an agreement or offer to purchase which complies withsections 407.700 to 407.720. For the purposes of this section,the term "business day" shall mean any day except Saturday,Sunday, and legal holidays.

2. Cancellation occurs when the buyer gives written noticeof cancellation to the seller at the address stated in theagreement or offer to purchase. Notice of cancellation, if givenby mail, is given when it is deposited in a mailbox properlyaddressed and postage prepaid. Notice of cancellation given bythe buyer need not take a particular form and is sufficient if itindicates by any form of written expression the intention of thebuyer not to be bound by the home solicitation sale.

3. The buyer may not cancel a home solicitation sale if:

(1) The buyer requests the seller to provide goods orservices without delay because of an emergency; and

(2) The seller in good faith makes a substantial beginningof performance of the contract before the buyer gives notice ofcancellation; and

(3) In the case of goods, the goods cannot be returned tothe seller in substantially as good condition as when received bythe buyer.

(L. 1973 H.B. 61 & 367 § 2, A.L. 1986 S.B. 685)

Effective 5-1-86