Title 10, Chapter 1, Section 6
( 10-1-6)
(a) The buyer shall have a right to cancel a home solicitation sale
agreement until 12:00 Midnight of the third business day after the
day on which the buyer signs the agreement. (b) Notice of cancellation under this Code section shall be given to
the seller at the place of business as set forth in the agreement by
certified mail or statutory overnight delivery, return receipt
requested, which shall be posted not later than 12:00 Midnight on
the third business day following execution of the agreement. (c) In the event of cancellation pursuant to this Code section, the
installment seller shall refund to the buyer within ten days after
the cancellation all deposits, including any down payment made under
the agreement, and redeliver any goods traded in to the seller on
account or in contemplation of the home solicitation sale agreement. (d) In the event of cancellation pursuant to this Code section, the
seller shall have the right to charge the buyer 5 percent of the
gross sales price of the merchandise purchased by the buyer or
$25.00, whichever is less, as liquidated damages. The seller shall
also be entitled to reclaim and the buyer shall return, whenever
possible, the home solicitation sale agreement. The buyer shall
incur no additional liability for cancellation pursuant to this Code
section. (e) If the buyer has received the merchandise sold, the buyer must
return that merchandise unused, in the same condition as received by
the buyer. The seller shall pick up the merchandise at the place
sold within a reasonable time after notice of cancellation; and the
seller shall receive from the buyer at that time the actual cost of
picking up the merchandise or $5.00, whichever is less. (f) Notice of cancellation given by the buyer need not take any
particular form and, however expressed, is effective if it indicates
the intention of the buyer not to be bound by the home solicitation
sale. |