MCLS § 445.113
§ 445.113. Written agreement or offer to purchase; contents; form; cancellation; exception.
Sec. 3.
(1)
In a home solicitation sale, unless the buyer requests the seller to provide goods or services
without delay in an emergency, the seller shall present to the buyer and obtain the buyer's signature to a
written agreement or offer to purchase that designates as the date of the transaction the date on which the
buyer actually signs.The agreement or offer to purchase shall contain a statement substantially as follows in
immediate proximity to the space reserved in the agreement or offer to purchase for the signature of the
buyer:"You, the buyer, may cancel this transaction at any time prior to midnight of the third business day
after the date of this transaction. See the attached notice of cancellation form for an explanation of this
right. Additionally, the seller is prohibited from having an independent courier service or other third party
pick up your payment at your residence before the end of the 3-business-day period in which you can cancel the
transaction."
(2)
The seller shall attach to the copy or cause to be printed on the reverse side of the written agreement
or offer to purchase retained by the buyer a notice of cancellation in duplicate that shall appear as follows:
"notice of cancellation
(enter date of transaction)
-------------------------
(date)
You may cancel this transaction, without any penalty or
obligation, within 3 business days from the above date.
If you cancel, any property traded in, any payments made by you
under the contract or sale, and any negotiable instrument
executed by you will be returned within 10 business days
following receipt by the seller of your cancellation notice, and
any security interest arising out of the transaction will be
canceled.
If you cancel, you must make available to the seller at your
residence, in substantially as good condition as when received,
any goods delivered to you under this contract or sale; or you may
if you wish, comply with the instructions of the seller regarding
the return shipment of the goods at the seller's expense and
risk.
If you do make the goods available to the seller and the seller
does not pick them up within 20 days of the date of your notice of
cancellation, you may retain or dispose of the goods without any
further obligation. If you fail to make the goods available to
the seller or if you agree to return the goods to the seller and
fail to do so, then you remain liable for performance of all
obligations under the contract.
To cancel this transaction, mail or deliver a signed and dated
copy of this cancellation notice or any other written notice, or
send a telegram to (name of seller), at (address of seller's
place of business) not later than midnight on ---------.
(date)
I hereby cancel this transaction.
---------
(date)
-------------------
(buyer's signature)"
(3)
The notices required by this section shall be in not less than 10-point bold type and shall be 2 points
larger than the text of the contract. A written agreement or offer to purchase and the notice of cancellation
attached to the agreement or offer shall be written in the same language as that used in any oral presentation
that was given to facilitate sale of the goods or services. The seller shall enter on the blanks in the notice
of cancellation the date of transaction, which is the date the buyer signs the written agreement, and the date
for mailing the notice of cancellation. An error in entering this information shall not diminish the buyer's
rights under this act.
(4)
Until the seller has complied with this section, the buyer may cancel the home solicitation sale by
notifying the seller in any manner and by any means of his or her intention to cancel.
(5)
This section does not apply to a home solicitation sale where the seller engaged in a telephone
solicitation of the sale if sections 505 to 507 of the Michigan telecommunications act, 1991 PA 179, MCL
484.2505 to 484.2507, apply to the solicitation or sale.