47-18-703 - Cancellation Buyer's rights Exceptions. - Tennessee Statutes

47-18-703. Cancellation Buyer's rights Exceptions.

Notwithstanding any other provisions of the law to the contrary:

     (1)  Except as provided in subdivision (5), in addition to any right otherwise to revoke an offer, the buyer has the right to cancel a home solicitation sale until twelve o'clock midnight (12:00) of the third business day after the day on which the buyer signs an agreement or offer to purchase which complies with § 47-18-704;

     (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;

          (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; and

          (C)  The buyer's emergency request is in a dated writing personally signed by the buyer and which expressly states that the buyer understands that the buyer is waiving the buyer's right to cancel the sale under the provisions of this part;

     (6)  Except as provided in subdivision (5), any waiver or modification of a buyer's right to cancel is void and of no effect. In the event the seller obtains from the buyer a waiver or modification of the buyer's right to cancel, the buyer's right to cancel shall commence on the first business day following the buyer's learning that the waiver or modification is void and of no effect.

[Acts 1974, ch. 712, § 3; T.C.A., § 47-16-103.]