(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.
(3) Notice of cancellation, if given by mail, is given when it is deposited in a mailbox properly addressed and postage prepaid.
(4) Notice of cancellation given by the buyer need not take a particular form and is sufficient if it indicates by a form of written expression the intention 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 initiates the contact with the seller and the buyer, in a separate signed writing not furnished by the seller, requests that the seller provide goods or services without delay because of an emergency, describes the emergency and expressly acknowledges and waives the right to cancel the sale within three business days, and:
(a) The seller in good faith makes a substantial beginning of performance of the contract before the buyer gives notice of cancellation; and
(b) In case of goods, the goods cannot be returned to the seller in substantially as good condition as when received by the buyer. [1971 c.744 §21(2); 2005 c.223 §2]
Structure 2021 Oregon Revised Statutes
Volume : 02 - Business Organizations, Commercial Code
Chapter 083 - Retail Installment Contracts
Section 83.010 - Definitions for ORS 83.010 to 83.190.
Section 83.020 - Retail installment contract requirements; exceptions.
Section 83.030 - Contents of contract.
Section 83.050 - Contracts completed by mail and based on catalog of seller.
Section 83.080 - Informing buyer of service charge and right to prepay; monthly statement.
Section 83.095 - Service charge computed by actuarial method.
Section 83.100 - Extra charges; miscellaneous provisions of contract.
Section 83.130 - Voluntary prepayment by buyer; refund.
Section 83.140 - Consolidation of purchases with prior contract.
Section 83.150 - Unenforceable contract provisions.
Section 83.510 - Definitions for ORS 83.510 to 83.680.
Section 83.520 - Form and contents of retail installment contract.
Section 83.530 - Filling blanks.
Section 83.565 - Finance charge computed by actuarial method; requirements; notice.
Section 83.620 - Voluntary prepayment by buyer; refund.
Section 83.650 - Effect of negotiation of notes on rights against motor vehicle dealer.
Section 83.670 - Unenforceable contract provisions.
Section 83.710 - Definitions for ORS 83.710 to 83.750; application of ORS 83.710 to 83.750.
Section 83.715 - Telephone solicitation sale; contract; contents.
Section 83.720 - Cancellation of home solicitation sale; notice; exception.
Section 83.740 - Duties of seller upon cancellation of sale or revocation of offer to purchase.
Section 83.820 - Consumer paper; negotiability; exception; rights and liabilities of assignees.
Section 83.850 - Definitions for ORS 83.850 and 83.860.
Section 83.875 - Definitions for ORS 83.875, 83.880, 83.890 and 83.895.
Section 83.880 - Sale of motor vehicles, goods or services as time sale rather than loan.
Section 83.890 - Notice required in contract when seller intends to transfer contract.