Notice of Cancellation form

Act 227 of 1971

445.113 Written agreement or offer to purchase; contents; form; cancellation; exceptions; conditions.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)  

   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
I hereby cancel this transaction.
                                                        (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.
   (6) This section does not apply to a home solicitation sale of natural gas or electricity if the seller is any of the following:
   (a) An electric utility or gas utility that is regulated  by the commission and complies with any orders or tariffs issued by the  commission concerning home solicitations by alternative electric  suppliers or alternative gas suppliers in making the solicitation.
   (b) An alternative gas supplier or alternative electric  supplier licensed by the commission that complies with any applicable  orders or tariffs issued by the commission concerning home solicitations  in making the solicitation.