(a) In addition to any right otherwise to revoke an offer or cancel a contract the buyer or seller in a home solicitation sale may revoke an offer or promise to purchase, cancel a contract or rescind a consummated sale and purchase until midnight of the third calendar day after the day on which the buyer signs an agreement or offer to purchase, signs a contract to purchase or consummates a sale and purchase.
(b) Cancellation occurs when the buyer gives written notice of cancellation to the seller at the address stated in the agreement, contract or offer to purchase. Notice of cancellation given by the buyer need not take any 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.
(c) Notification by mail shall be considered given at the time mailed; notification by telegram shall be considered given at the time filed for transmission; and notification by other writing shall be considered given at the time delivered to the creditor's designated place of business.
(d) The buyer may not cancel a home solicitation sale if the seller in good faith and with the consent of the buyer makes a substantial beginning of performance of services before the buyer gives notice of cancellation and in the case of goods, that the goods cannot be returned to the seller in substantially as good condition as when received by the buyer.
(e) If goods are to be returned to the seller, the buyer shall tender delivery thereof at the location where the seller made delivery to the buyer. If the seller or creditor does not take possession of the property within ten days after tender by the customer, ownership of the property vests in the customer without obligation on his part to pay for it, provided the buyer has afforded to the seller reasonable time and access to take possession.
(f) The right to cancel granted herein may not be waived by the parties either by express or implied agreement. Except as provided in subsection (d) herein, receipt of goods or services shall not be construed as affecting the right to cancel in any way.
(Ord. C65-72. Passed 10-2-72.)