§ 66-240. Cancellation. - North Carolina Statutes

§66‑240.  Cancellation.

In addition to any other rightto revoke an offer or cancel a sale or contract, the purchaser has the right tocancel a membership camping contract sale until midnight of the third businessday after the purchaser signs the contract.

(1)        The membershipcamping operator must furnish the purchaser, at the time the purchaser signsthe membership camping contract or otherwise agrees to buy services from themembership camping operator, a completed form in duplicate, captioned"NOTICE OF CANCELLATION" which shall contain in 10 point boldfacetype the following information and statements in the same language, e.g.,Spanish, as that used in the contract:

"NOTICE OF CANCELLATION

______ (Enter date oftransaction)___________________________________________

                                                                                                      (date)

                  You, thepurchaser, may cancel this transaction, without any penalty or obligation,within three business days from the date above. Business days are all daysother than Sundays and legal holidays. You must cancel in writing.  If given bymail, notice of cancellation is given when it is deposited in the United Statesmail properly addressed and postage prepaid.

                  If youcancel, any payments made by you under the contract or sale, and any negotiableinstrument executed by you will be returned within 30 days following receipt bythe seller of your cancellation notice, and any security interest arising outof the transaction will be cancelled.

                  To cancelthis transaction, mail or deliver a signed and dated copy of this cancellationnotice or any other written notice to

_____________________________________________________________________

                                                      (Nameof membership camping operator)

______ at _____________________________________________________________

                                       (Membershipcamping operator's mailing and physical address)

            not later thanmidnight of

___________________________________________________

                                                               (date)

            I hereby cancelthis transaction.

___________________________________________________

                                                               (date)

___________________________________________________

                                                (Purchaser'ssignature)"

(2)        The membershipcamping operator shall, before furnishing copies of the "Notice ofCancellation" to the purchaser, complete both copies by entering the nameof the membership camping operator, the address of the membership campingoperator's place of business, the date of the transaction, and the date, notearlier than the third business day following the day of the transaction, bywhich the purchaser may give notice of cancellation.

(3)        The membershipcamping operator shall orally inform each purchaser, at the time he signs acontract or purchases the services, of his three‑day right to cancel;provided, that no oral notice is required in any case in which the membershipcamping operator does not solicit the purchaser's business in person and thepurchaser signs the contract outside the presence of the membership campingoperator and returns the signed contract to the membership camping operator bymail.

(4)        Cancellation occurswhen the purchaser gives written notice of cancellation to the membershipcamping operator at the address stated in the contract or in the notice ofcancellation.

(5)        Notice ofcancellation, if given by mail, is given when it is deposited in the UnitedStates mail properly addressed and postage prepaid.

(6)        Notice ofcancellation by the purchaser is sufficient if it indicates by any form ofwritten expression the intention of the purchaser not to be bound by thecontract.

(7)        Upon cancellation,the membership camping operator shall refund to the purchaser all payments madepursuant to the canceled membership camping contract and any notes or securityinstruments. The refund shall be made within 30 days and where payment has beenmade by credit card, may be made by an appropriate credit to the purchaser'saccount.

(8)        Failure of themembership camping operator to honor a purchaser's cancellation is a violationof this Article. (1991 (Reg. Sess., 1992), c. 1009, s. 4.)