RETAIL INSTALLMENT AND HOME SOLICITATION SALES
O.C.G.A. § 10-1-6 (2006)
§ 10-1-6. Buyer's right to cancel home solicitation sale
(a) The buyer shall have a right to cancel a home solicitation sale agreement
until 12:00 Midnight of the third business day after the day on which the buyer
signs the agreement.
(b) Notice of cancellation under this Code section shall be given to the seller
at the place of business as set forth in the agreement by certified mail or
statutory overnight delivery, return receipt requested, which shall be posted
not later than 12:00 Midnight on the third business day following execution of
the agreement.
(c) In the event of cancellation pursuant to this Code section, the installment
seller shall refund to the buyer within ten days after the cancellation all
deposits, including any down payment made under the agreement, and redeliver any
goods traded in to the seller on account or in contemplation of the home
solicitation sale agreement.
(d) In the event of cancellation pursuant to this Code section, the seller shall
have the right to charge the buyer 5 percent of the gross sales price of the
merchandise purchased by the buyer or $25.00, whichever is less, as liquidated
damages. The seller shall also be entitled to reclaim and the buyer shall
return, whenever possible, the home solicitation sale agreement. The buyer shall
incur no additional liability for cancellation pursuant to this Code section.
(e) If the buyer has received the merchandise sold, the buyer must return that
merchandise unused, in the same condition as received by the buyer. The seller
shall pick up the merchandise at the place sold within a reasonable time after
notice of cancellation; and the seller shall receive from the buyer at that time
the actual cost of picking up the merchandise or $5.00, whichever is less.
(f) Notice of cancellation given by the buyer need not take any particular form
and, however expressed, is effective if it indicates the intention of the buyer
not to be bound by the home solicitation sale.