§ 407.705 R.S.Mo. (2006)
§ 407.705. Cancellation, notice of, how given -- cancellation prohibited,
when -- business day defined
1. Except as provided in subsection 3 of this section, in addition to any
right otherwise to revoke an offer, the buyer has the right to cancel a home
solicitation sale until midnight of the third business day after the day on
which the buyer signs an agreement or offer to purchase which complies with
sections 407.700 to 407.720. For the purposes of this section, the term
"business day" shall mean any day except Saturday, Sunday, and legal
2. Cancellation occurs when the buyer gives written notice of cancellation
to the seller at the address stated in the agreement or offer to purchase.
Notice of cancellation, if given by mail, is given when it is deposited in a
mailbox properly addressed and postage prepaid. Notice of cancellation given
by the buyer 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 home solicitation sale.
3. The buyer may not cancel a home solicitation sale if:
(1) The buyer requests the seller to provide goods or services without
delay because of an emergency; and
(2) The seller in good faith makes a substantial beginning of performance
of the contract before the buyer gives notice of cancellation; and
(3) In the case of goods, the goods cannot be returned to the seller in
substantially as good condition as when received by the buyer.
§ 407.710 R.S.Mo. (2006)
§ 407.710. Agreement of sale, required statement, exception
1. In a home solicitation sale, unless the buyer requests the seller to
provide goods or services without delay in an emergency, the seller must
present to the buyer and obtain his signature to a written agreement or
offer to purchase which designates as the date of the transaction the date
on which the buyer actually signs and contains a statement of the buyer's
rights which complies with subsection 2.
2. The statement must
(1) Contain in 10-point boldface type the following information and
"NOTICE OF CANCELLATION"
Date of transaction must be filled in at time of sale by seller;
If this agreement was solicited at your residence and you do not want the
goods or services, you may cancel, without further obligation, this
by mailing a notice to the seller at the address as shown below, within 3
business days following the above date. You shall return the goods to seller
in substantially the same condition as when you obtained them. Seller will
then cancel all contracts and negotiable instruments executed by you and
return any property given by you to seller within 10 days from date of
transaction. If seller does not pick up the purchased goods within 20 days
from date of your cancellation, you may retain or dispose of the goods
any further obligation. The notice must be mailed to: (..........) Name and
mailing address of seller must be filled in at time of sale.
(2) A home solicitation sales contract which contains the notice of
cancellation forms and content provided in the Federal Trade Commission's
trade regulation rule providing a cooling-off period for door-to-door sales
shall be deemed as complying with the requirements of subsection 2 herein so
long as the Federal Trade Commission language provides at least equal
information to the consumer concerning his right to cancel as is required by
sections 407.700 to 407.720.
3. 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 intention to cancel.
§ 407.705. Cancellation, notice of, how given -- cancellation prohibited, when -- business day defined (2006)
§ 407.705 R.S.Mo. (2006)