MCLS § 445.931
§ 445.931. Sale of goods, services or memberships, receipt of item to attend sales promotion; right to
cancel; buyer's cancellation of contract, notice to buyer, effective date; buyer's cancellation, form;
cancellation forbidden, buyer's request for goods or services without delay, emergencies; effect on other
cancellation rights; sales promotion, gift as inducement, buyer's right to retain; definition, business day.
Sec. 1.
(1)
For a sale of goods, services, or memberships whose value equals or exceeds $500.00, if the
buyer has been offered anything of more than $25.00 in value in exchange for attending a sales promotion for
those goods, services, or memberships, in addition to any other right to revoke an offer, a buyer has the
right to cancel the sale and receive a complete refund until midnight of the third business day after the day
on which the buyer signed a contract or agreement to purchase.
(2)
A contract or agreement to purchase which is subject to cancellation under the provisions of subsection
(1) shall prominently contain the following notice, on its face, set in boldface at least 4 points larger than
the type of the body of the document. The seller shall enter on the blanks the date the buyer signs the
written agreement, the last date for mailing notice of cancellation, and the seller's name and address.
Notice to Purchaser
You are entitled to cancel this agreement without penalty or obligation for any reason within 3 business days
from the date you sign this agreement. Any payments made by you shall be returned within 10 business days
following receipt by the seller of your cancellation notice. You may mail or deliver a written notice to the
seller. If mailed, it must be postmarked before midnight of the third business day after you sign the
agreement. Deliver or mail the notice to:
Name of
Seller ------------- Date Signed ----
Address of Last Cancellation
Seller ------------- Date --------
(3)
Cancellation occurs when the buyer mails or delivers to the seller written notification of
cancellation. If mailed, a cancellation notice is given on the date the notice is postmarked.
(4)
A written notice given by the buyer for cancellation 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 sale.
(5)
A buyer shall not cancel a sale if the buyer requests the seller to provide goods, services, or
memberships without delay because of an emergency, and any of the following apply:
(a)
The seller in good faith makes a substantial beginning of performance of the contract before the buyer
gives notice of cancellation.
(b)
The buyer furnishes the seller with a separate dated and signed personal statement in the buyer's
handwriting describing the situation requiring immediate remedy and expressly acknowledging and waiving the
right to cancel the sale within 3 business days.
(c)
The goods, services, or memberships cannot be returned to the seller in substantially as good condition
as when received by the buyer.
(6)
This act does not limit or in any way affect a buyer's right to cancel a sale under any other provision
of law.
(7)
If a gift is given to the prospective buyer as an inducement to attend a sales promotion, regardless of
intent, the prospective buyer shall have the right to keep the gift without obligation whether or not a
contract is canceled.
(8)
For purposes of this section "business day" means Monday through Friday and shall not include Saturday,
Sunday, or the following business holidays: New Year's day; Martin Luther King, Jr. day; Memorial day; July 4;
Labor day; Columbus day; Veterans' day; Thanksgiving day; and Christmas day.
