Marvin Mandel, Governor                        1679

Home Solicitation Sales Act
28.

"Home solicitation sale" means a consumer credit sale of goods,
other than farm equipment, or services in which the seller or a person
acting for him engages in a personal solicitation of the sale at a
residence of the buyer and the buyer's agreement or offer to purchase
in there given to the seller or a person acting for him. It does not
include a sale made pursuant to a preexisting revolving charge ac-
count, or a sale made pursuant to prior negotiations between the
parties at a business establishment at a fixed location where goods or
services are offered or exhibited for sale OR A SALE INITIATED
BY A BUYER.

29.

(a) (1) Except as provided in subsection (c) (5), in addition to
any right otherwise to revoke an offer, the buyer has the right to can-
cel 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 this subheading.

(b) (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.

(c) (3) Notice of cancellation, if given by mail, is given when it is
deposited in a mailbox properly addressed and postage prepaid.

(d) (4) 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.

(e) (5) The buyer may not cancel a home solicitation sale if the
buyer requests and the seller provides goods or services without delay
because of an emergency, and

(1) (A) the seller in good faith makes a substantial beginning of
performance of the contract before the buyer gives notice of can-
cellation, and

(2) (B) in the case of goods, the goods cannot be returned to the
seller in substantially as good condition as when received by the
buyer.

(f) (1) As a condition precedent to presenting any claim to the
protection provided by subsection (e) of this section, the seller must
present a waiver of the right to cancel signed by the buyer.

    (2) The waiver of the right to cancel is not effective unless it is

also dated by the buyer and contains the conspicuous notice in ten-

point bold face type or larger, directly above the space reserved

for the notice required by Section 30 of this Article:

WAIVER OF RIGHT TO CANCEL

THE BUYER HEREBY AGREES TO WAIVE THE RIGHT OF
CANCELLATION PROVIDED BY THE HOME SOLICITATION
SALES ACT. THIS WAIVER IS NOT EFFECTIVE IF THE
SELLER DOES NOT PROVIDE GOODS AND/OR SERVICES
BECAUSE OF AN EMERGENCY.