Montana Code 30-14-505. Notice of right to cancel
30-14-505. Notice of right to cancel. (1) The seller shall furnish the buyer a notice that contains the statement set forth in subsection (1)(a) or a statement as prescribed by federal trade commission rule governing door-to-door sales and printed in capital and lowercase letters of not less than 10-point boldfaced type with the seller’s name and business address and the statement set forth in subsection (1)(b):
Terms Used In Montana Code 30-14-505
- Buyer: means anyone who gives a consideration for the purchase or use of goods or services. See Montana Code 30-14-502
- Contract: A legal written agreement that becomes binding when signed.
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Personal solicitation: means any attempt by a seller to sell goods or services when either the seller or a person acting for the seller contacts the buyer by telephone or in person other than at the place of business of the seller, except:
(a)an attempted sale in which the buyer, prior to the attempted sale, personally knows the identity of the seller, the name of the business, firm, or organization that the seller represents, and the identity or kinds of goods or services offered for sale;
(b)an attempted sale in which the buyer has initiated the contact with the seller;
(c)an attempted sale of a newspaper subscription in which the seller is a minor engaged in both the delivery and the sale of the newspaper;
(d)an attempted sale of an insurance policy; or
(e)an attempted sale of more than $5,000 of goods or services that are not primarily for personal, family, or household purposes. See Montana Code 30-14-502
- Seller: means a lessor, renter, or anyone offering goods or services for consideration, including an assignee of a seller. See Montana Code 30-14-502
(a)YOU MAY CANCEL THIS SALE WITHIN THREE BUSINESS DAYS.
If you decide within 3 days that you want to cancel the sale, tear off and mail the bottom of this card. To cancel, the card must be mailed BY CERTIFIED MAIL within 3 days after you sign the contract.
(date)
(b)CONTRACT CANCELED
I hereby cancel this sale.
(Buyer’s signature)
(2)Until the seller has complied with this section, the buyer or any other person obligated for any part of the purchase price may cancel the personal solicitation sale by notifying the seller in any manner and by any means of the intention to cancel. However, failure to mail the cancellation by certified mail does not nullify the cancellation as long as the cancellation is mailed within the prescribed time period. The period prescribed by 30-14-504 begins to run from the time the seller complies with this section.