§ 891-5. Owner's Right to Cancel Home Improvement Contract  


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  • In addition to any right otherwise to revoke an offer, the owner has the right to cancel a home improvement contract until midnight of the third business day after the day on which the owner signs the home improvement contract. Cancellation is evidenced by the owner giving written notice of cancellation to the home improvement contractor at the address stated in the home improvement contract. The owner may deliver the notice by mail, telegram, manual delivery, or other personal delivery. Written notice of cancellation shall be effective upon the date of postmarking. Telegram delivery is effective when the telegram is ordered. Manual delivery or other personal delivery is effective when delivered to the home improvement contractor or to the home improvement contractor's address, whichever comes first. Notice of cancellation need not take a particular form and is sufficient if it indicates, by any form of written expression, the intention of the owner not to be bound by the home improvement contract. Notice of owner's right to cancel must appear on all notes or other evidence of indebtedness given pursuant to any home improvement contract.

    In the event that the home improvement contractor fails to attach the notice of cancellation to the home improvement contract, the owner has the right to cancel the contract at any time prior to the commencement of the work required under the home improvement contract.

    A home improvement contractor shall not deliver any materials or perform any labor required under the home improvement contract during the three-day waiting period in which the owner may cancel the home improvement contract except in cases of emergency repairs.

(C.M.C. 891-5; ordained by Ord. No. 398-1989, eff. Oct. 11, 1989)