High Ridge, MO asked in Business Law and Contracts for Missouri

Q: Can I cancel a window contract in my home within 72 hours of the signature with out penalty, even if the contract says

Contract says must be mailed, I emailed my desire to cancel and phoned without signatures

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1 Lawyer Answer
Ronald J. Eisenberg
Ronald J. Eisenberg
  • Chesterfield, MO
  • Licensed in Missouri

A: I'm not aware of any cases addressing you specific issue. The statute seems to contemplate either mailed notice or in-person delivery of the notice, because it states, "Cancellation occurs when the buyer gives written notice of cancellation to the seller at the address stated in the agreement." Unless the contract includes an email address, then I don't see how sending an email would be written notice to the seller "at the address stated in the agreement."

Here's the statute:

Cancellation, notice of, how given--cancellation prohibited, when--business day defined.

407.705. 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 holidays.

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.

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