59.1-21.4 - Receipt or written agreement.
§ 59.1-21.4. Receipt or written agreement.
(1) In a home solicitation sale, unless the buyer requests the seller toprovide goods or services without delay in an emergency, the seller mustpresent to the buyer a fully completed receipt if it is a cash or credit cardsale or obtain the buyer's signature to a written agreement or offer topurchase, in the case of a credit sale, which designates as the date of thetransaction the date on which the buyer actually makes payment in whole or inpart or signs, and which contains a statement of the buyer's rights and anotice of cancellation which comply with subsection (2). The seller shallalso furnish the buyer with a copy of any contract pertaining to a homesolicitation sale at the time of its execution.
(2) The statement shall
(a) Appear on the front side of the receipt or contract, or immediately abovethe buyer's signature, in bold face type of a minimum size of ten pointsunder the conspicuous caption: "BUYER'S RIGHT TO CANCEL," and
(b) Read as either of the following: (i) "If this agreement was solicited ata residence and you do not want the goods or services, you, the buyer, maycancel this transaction at any time prior to midnight of the third businessday after the date of this transaction. See the attached notice ofcancellation form for an explanation of this right.
Notice of Cancellation
............
(Date of Transaction)
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 . . . .
. . . . . . . . . . . . . . . . . . . . . . . ., at ............
(name of seller) (address of seller's place of business)
not later than midnight of . . . . . . . . . . . . . . . . . . . .
(Date)
I hereby cancel this transaction
....................
(Date)
.................... "; or
(Buyer's signature)
(ii) In the form and content of any similar notice requirement for homesolicitation sales under federal law; provided that such requirement containsat least the information required in (i) of this subsection and, furtherprovided, that nothing in such notice is in conflict with the provisions ofthis chapter. Any statement or notice form presented to a buyer prior to theeffective date of an amendment to this section shall be deemed sufficient ifit satisfied the requirements of this section in effect at the time thestatement or notice was presented.
(3) Except as otherwise provided in this section until the seller hascomplied with this section the buyer may cancel the home solicitation sale bynotifying the seller in any manner and by any means of his intention tocancel.
(4) A home solicitation sale shall be deemed to be in compliance with noticerequirements of this section if (a) the buyer may at any time (i) cancel theorder, or (ii) refuse to accept delivery of the goods without any obligationto pay for them, or (iii) return the goods to the seller and receive a fullrefund for any amount the buyer has paid; and (b) the buyer's right to cancelthe order, refuse delivery or return the goods, together with the name andaddress of either the selling company or the salesperson, is clearly andconspicuously set forth on the face or reverse side of the sales receipt orcontract in a size larger than that used in the body of the receipt orcontract.
(5) Any statement or notice form satisfying the requirements of this sectionas in effect prior to July 1, 1975, may be used until January 1, 1977.
(1970, c. 668; 1972, c. 448; 1973, c. 147; 1975, c. 217.)