(a) In a home solicitation sale, unless the buyer requests the seller to provide goods or services without delay in an emergency, the seller must present to the buyer a receipt if it is a cash or credit card sale or, in the case of a credit sale, obtain the buyer’s signature to a written agreement or offer to purchase which designates as the date of the transaction the date on which the buyer actually makes payment in whole or in part or signs. Contained on any such receipt, written agreement, or offer to purchase, there shall be a readily legible statement as described in subsection (b).
Terms Used In Tennessee Code 47-18-704
Business day: means any calendar day except Sunday, or the following business holidays: New Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. See Tennessee Code 47-18-702
Contract: A legal written agreement that becomes binding when signed.
Goods: means tangible personal property and also includes a merchandise certificate whereby a writing is issued by the seller which is not redeemable in cash and is usable in lieu of cash in exchange for goods or services. See Tennessee Code 47-18-702
Home solicitation sale: means a consumer sale or lease of goods (other than farm equipment and/or motor vehicles) or services, other than insurance and securities, in which the seller or a person acting for the seller engages in the personal solicitation of the sale or lease at any residence other than that of the seller, and the buyer's agreement or offer to purchase or lease is there given to the seller or a person acting for the seller. See Tennessee Code 47-18-702
Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
(b) The statement required in subsection (a) shall:
(1) Appear on the front side of the receipt or contract, or immediately above the buyer’s signature, under the conspicuous caption: “BUYER’S RIGHT TO CANCEL”; and(2) Read as follows: “If this agreement was solicited at your residence and you do not want the goods or services, you may cancel this agreement by mailing a notice to the seller. The notice must say that you do not want the goods or services and must be mailed before twelve o’clock midnight (12:00) of the third business day after you sign this agreement. The notice must be mailed to: ____________________________ (insert name and mailing address of seller).”(c) In lieu of the form of notice required by subsection (b), a seller may comply with the requirements of the federal statutes, rules, or regulations governing the form of notice of the right of cancellation in door-to-door sales.(d) Until the seller has complied with this section, the buyer may cancel the home solicitation sale by notifying the seller in any manner and by any means of the buyer’s intention to cancel.(e) A home solicitation sale shall be deemed to be in compliance with the notice requirements of this statute if:
(1) The buyer may at any time:
(A) Cancel the order;(B) Refuse to accept delivery of the goods without incurring any obligation to pay for them; or(C) Return the goods to the seller and receive a full refund for any amount the buyer has paid; and(2) The buyer’s right to cancel the order, refuse delivery, or return the goods without obligation or charge at any time is clearly and unmistakably set forth on the face or reverse side of the sales ticket.
