Bill Text: MI HB6482 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Trade: business practices; cancellation period for certain sales contracts; modify. Amends sec. 1 of 1986 PA 276 (MCL 445.931).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-12-03 - Bill Electronically Reproduced 12/03/2020 [HB6482 Detail]
Download: Michigan-2019-HB6482-Introduced.html
HOUSE BILL NO. 6482
December 02, 2020, Introduced by Rep.
Wittenberg and referred to the Committee on Commerce and Tourism.
A bill to amend 1986 PA 276, entitled
"An act to allow for the buyer's cancellation of certain sales contracts,"
by amending section 1 (MCL 445.931).
the people of the state of michigan enact:
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Sec. 1. (1) For a
sale of goods, services, or memberships whose value equals or exceeds with a value that equals or exceeds $500.00, if the
buyer has been offered anything of more than $25.00 in value in exchange for
attending a sales promotion for those goods, services, or memberships, in
addition to any other right to
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revoke an offer, a buyer has the right to cancel
the sale and receive a complete refund until midnight of the third tenth
business day after the day on which the buyer signed a contract
or agreement to purchase.
(2) A contract or agreement to purchase which that
is subject to cancellation under the
provisions of subsection (1) shall
must prominently contain the following notice, on its
face, set in boldface at least 4 points larger than the type of the body of the
document, the notice to purchaser described in this
subsection. The seller shall enter on the blanks the date the
buyer signs the written agreement, the last date for mailing notice of
cancellation, and the seller's name and address.
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Notice to Purchaser |
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You are entitled to cancel this agreement without penalty or |
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obligation for any reason within 3 10 business days from the |
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date you signed this agreement. Any payments made by you |
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shall be returned within 10 business days following receipt |
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by the seller of your cancellation notice. You may mail or |
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deliver a written notice to the seller. If mailed, it must be |
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postmarked before midnight of the third tenth business day after |
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you sign the agreement. Deliver or mail the notice to: |
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Name of |
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Seller __________________ |
Date Signed ___________________ |
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Address of |
Last Cancellation |
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Seller____________________ |
Date____________________________ |
(3) Cancellation occurs when the buyer mails or delivers to
the seller written notification of cancellation. If mailed, a
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cancellation notice is given on the date the notice
is postmarked.
(4) A written notice given by the buyer for cancellation 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 sale.
(5) A buyer shall not cancel a sale if the buyer requests the
seller to provide goods, services, or memberships without delay because of an
emergency, and any of the following apply:
(a) The seller in good faith makes a substantial beginning of
performance of the contract before the buyer gives notice of cancellation.
(b) The buyer furnishes the seller with a separate dated and
signed personal statement in the buyer's handwriting describing the situation
requiring immediate remedy and expressly acknowledging and waiving the right to
cancel the sale within 3 10 business days.
(c) The goods, services, or memberships cannot be returned to
the seller in substantially as good condition as when received by the buyer.
(6) This act does not limit or in any way affect a buyer's
right to cancel a sale under any other provision of law.
(7) If a gift is given to the prospective buyer as an
inducement to attend a sales promotion, regardless of intent, the prospective
buyer shall have the right to keep the gift without obligation whether or not a
contract is canceled.
(8) For purposes of As used in this section,
"business
day" means Monday through Friday and shall does
not include Saturday, Sunday, or the following business holidays:
(a)
New Year's day; Day.
(b)
Martin Luther King, Jr. day; Day.
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(c)
Memorial day; Day.
(d)
July 4; 4.
(e)
Labor day; Day.
(f)
Columbus day; Day.
(g)
Veterans' day; Day.
(h)
Thanksgiving day; and Day.
(i)
Christmas day.Day.
