MCL § 445.112 (2006)
§ 445.112. Right of buyer to cancel home solicitation sale; time; notice
of cancellation; restriction on right to cancel; sale subject to debtor's
right to rescind.
Sec. 2. (1) Except as provided in subsection (5), in addition to any
right otherwise to revoke an offer, a 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 that complies with
this act. The seller in a home solicitation sale shall not acquire payment
by having an independent courier service or other third party pick up the
buyer's payment at the buyer's residence until after the buyer's
right-to-revoke period prescribed by this act has expired.
(2) Cancellation occurs when the buyer mails or delivers the notice of
cancellation provided for in section 3(2) or any other written notice, or
sends a telegram, to the seller at the address stated in the notice of
(3) A notice of cancellation or other written notice, if mailed to the
seller, is given when it is deposited in a mailbox properly addressed and
(4) A written notice or telegram given by the buyer other than the notice
of 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 home solicitation sale.
(5) A buyer may not cancel a home solicitation sale if the buyer requests
the seller to provide goods or services without delay because of an
emergency, and all of the following conditions are met:
(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) In the case of goods, the goods cannot be returned to the seller in
substantially as good condition as when received by the buyer.
(6) If a home solicitation sale is also subject to the debtor's right to
rescind certain transactions, the buyer may proceed either under those
provisions or under this section.
MCL § 445.113 (2006)
§ 445.113. Written agreement or offer to purchase; contents; form;
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
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
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.
(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.
MCL § 445.112 Right of buyer to cancel home solicitation sale; time; notice of cancellation; restriction on right to cancel; sale subject to debtor's right to rescind (2006)
MCL § 445.112 (2006)