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

Related Topics:
1 Lawyer Answer
Ronald J. Eisenberg
PREMIUM
Ronald J. Eisenberg
Answered
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.