State Codes and Statutes

Statutes > Virginia > Title-59-1 > Chapter-2-1 > 59-1-21-3

§ 59.1-21.3. Cancellation of sale.

(1) Except as provided in subsection (5), in addition to any right otherwiseto revoke an offer, the buyer has the right to cancel a home solicitationsale until midnight of the third business day after the day on which thebuyer signs an agreement or offer to purchase which complies with § 59.1-21.4.

(2) Cancellation occurs when the buyer gives written notice of cancellationto the seller at the address stated in the agreement or offer to purchase.

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

(4) Notice of cancellation given by the buyer need not take a particular formand is sufficient if it indicates by any form of written expression theintention of the buyer not to be bound by the home solicitation sale.

(5) The buyer may not cancel a home solicitation sale if the buyer requeststhe seller to provide goods or services without delay because of anemergency, and

(a) The seller in good faith makes a substantial beginning of performance ofthe contract before the buyer gives notice of cancellation, and

(b) In the case of goods, the goods cannot be returned to the seller insubstantially as good condition as when received by the buyer, and

(c) The buyer's emergency request is in a dated writing personally signed bythe buyer and which expressly states that the buyer understands that he iswaiving his right to cancel the sale under the provisions of this act.

(6) Except as provided in subsection (5), any waiver or modification of abuyer's right to cancel is void and of no effect. In the event the sellerobtains from the buyer a waiver or modification of his right to cancel, thebuyer's right to cancel shall commence on the first business day followinghis learning that the waiver or modification is void and of no effect.

(1970, c. 668; 1972, c. 448.)

State Codes and Statutes

Statutes > Virginia > Title-59-1 > Chapter-2-1 > 59-1-21-3

§ 59.1-21.3. Cancellation of sale.

(1) Except as provided in subsection (5), in addition to any right otherwiseto revoke an offer, the buyer has the right to cancel a home solicitationsale until midnight of the third business day after the day on which thebuyer signs an agreement or offer to purchase which complies with § 59.1-21.4.

(2) Cancellation occurs when the buyer gives written notice of cancellationto the seller at the address stated in the agreement or offer to purchase.

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

(4) Notice of cancellation given by the buyer need not take a particular formand is sufficient if it indicates by any form of written expression theintention of the buyer not to be bound by the home solicitation sale.

(5) The buyer may not cancel a home solicitation sale if the buyer requeststhe seller to provide goods or services without delay because of anemergency, and

(a) The seller in good faith makes a substantial beginning of performance ofthe contract before the buyer gives notice of cancellation, and

(b) In the case of goods, the goods cannot be returned to the seller insubstantially as good condition as when received by the buyer, and

(c) The buyer's emergency request is in a dated writing personally signed bythe buyer and which expressly states that the buyer understands that he iswaiving his right to cancel the sale under the provisions of this act.

(6) Except as provided in subsection (5), any waiver or modification of abuyer's right to cancel is void and of no effect. In the event the sellerobtains from the buyer a waiver or modification of his right to cancel, thebuyer's right to cancel shall commence on the first business day followinghis learning that the waiver or modification is void and of no effect.

(1970, c. 668; 1972, c. 448.)


State Codes and Statutes

State Codes and Statutes

Statutes > Virginia > Title-59-1 > Chapter-2-1 > 59-1-21-3

§ 59.1-21.3. Cancellation of sale.

(1) Except as provided in subsection (5), in addition to any right otherwiseto revoke an offer, the buyer has the right to cancel a home solicitationsale until midnight of the third business day after the day on which thebuyer signs an agreement or offer to purchase which complies with § 59.1-21.4.

(2) Cancellation occurs when the buyer gives written notice of cancellationto the seller at the address stated in the agreement or offer to purchase.

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

(4) Notice of cancellation given by the buyer need not take a particular formand is sufficient if it indicates by any form of written expression theintention of the buyer not to be bound by the home solicitation sale.

(5) The buyer may not cancel a home solicitation sale if the buyer requeststhe seller to provide goods or services without delay because of anemergency, and

(a) The seller in good faith makes a substantial beginning of performance ofthe contract before the buyer gives notice of cancellation, and

(b) In the case of goods, the goods cannot be returned to the seller insubstantially as good condition as when received by the buyer, and

(c) The buyer's emergency request is in a dated writing personally signed bythe buyer and which expressly states that the buyer understands that he iswaiving his right to cancel the sale under the provisions of this act.

(6) Except as provided in subsection (5), any waiver or modification of abuyer's right to cancel is void and of no effect. In the event the sellerobtains from the buyer a waiver or modification of his right to cancel, thebuyer's right to cancel shall commence on the first business day followinghis learning that the waiver or modification is void and of no effect.

(1970, c. 668; 1972, c. 448.)