La. R.S. 9:3538 (2006)
§ 3538 Consumer's right to cancel
A. Except as provided in subsection (E) of this section, in addition to
any right otherwise to revoke an offer, the consumer has the right to cancel
a home solicitation sale until midnight of the third business day after the
day on which the consumer signs an agreement or offer to purchase.
B. Cancellation occurs when the consumer gives written notice of
cancellation to the seller at the address stated in the agreement or offer
C. Notice of cancellation, if given by mail, is given when it is
deposited in a mailbox properly addressed and postage prepaid.
D. Notice of cancellation given by the consumer need not take a
particular form and is sufficient if it indicates by any form of written
expression the intention of the consumer not to be bound by the home
E. The consumer may not cancel a home solicitation sale if the consumer
requests the seller to provide goods or services without delay because of an
(1) the seller in good faith makes a substantial beginning of performance
of the contract before the consumer gives notice of cancellation, and
(2) in the case of goods, the goods cannot be returned to the seller in
substantially as good condition as when received by the consumer.
F. The term "home solicitation sale" as used in this Part, shall be
defined as provided in R.S. 9:2711.1 and R.S. 9:3516(20).
La. R.S. 9:3539 (2006)
§ 3539 Form of agreement or offer; statement of consumer's right; compliance
A. In a home solicitation sale, unless the consumer requests the seller
to provide goods or services without delay in an emergency, the seller must
present to the consumer and obtain his signature to a written agreement or
offer to purchase that designates as the date of the transaction the date on
which the consumer actually signs and contains a statement of the consumer's
rights that complies with subsection B of this section.
B. The statement must
(1) appear under the conspicuous caption: "CONSUMER'S RIGHT TO CANCEL",
(2) read as follows: "If this agreement was solicited at your residence
and you do not want the goods or services, you may cancel this agreement by
mailing a notice to the seller. The notice must say that you do not want the
goods or services and must be mailed before midnight of the third business
day after you sign this agreement. The notice must be mailed to: (Insert
name and mailing address of seller). If you cancel, the seller must return
all of your cash down payment."
C. Until the seller has complied with this section the consumer may
cancel the home solicitation sale by notifying the seller in any manner and
by any means of his intention to cancel.
D. Compliance with the notice requirements of the consumer's right to
cancel a home solicitation sale of the Code of Federal Regulations Title 12,
Part 226, commonly known as Regulation Z of the Consumer Credit Protection
Act, 15 United States Code, Sections 1601 through 1681 or the Federal Trade
Commission trade regulation providing for a cooling-off period for
door-to-door sales of the Code of Federal Regulations, Title 16, Part 429
shall constitute compliance with this Section.
§ 3538 / 3539 Consumer's right to cancel (2006)
La. R.S. 9:3538 (2006)