Miss. Code Ann. § 75-66-3 (2006)
§ 75-66-3. Buyer's right of cancellation; notice
(1) Except as provided in subparagraph (5) of this section, in addition
to any right otherwise to revoke an offer, cancel a contract or rescind a
contract, the buyer has the right to cancel a home solicitation sale until
midnight of the third business day after the day at which the buyer signs an
agreement or offer to purchase which complies with this chapter.
(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 certified or registered mail, is
given when it is deposited in a mailbox properly addressed and postage
(4) Notice of cancellation given by the buyer 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 home solicitation sale.
(5) The buyer may not cancel a home solicitation sale if the buyer requests
the seller to provide goods or services without delay because of an
(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 the case of goods, the goods cannot be returned to the seller in
substantially as good condition as when received by the buyer.
Miss. Code Ann. § 75-66-5 (2006)
§ 75-66-5. When buyer's signature required on agreement or offer to purchase
or attached statement; contents of documents; effect of seller's failure to
comply with section
(1) 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 and obtain his signature to a written agreement or
offer to purchase or his signature to a statement executed simultaneously
with and attached to the written agreement or offer to purchase, which
written statement, offer to purchase or attached statement, designates as
the date of the transaction the date on which the buyer actually signs and
contains a statement of the buyer's rights which shall comply with either
paragraph 2 or paragraph 3 of this section.
(2) The statement must:
(a) appear under the conspicuous caption: "BUYER'S RIGHT TO CANCEL," and
(b) 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 by certified or registered mail. The notice
must say that you do not want the goods or services and must be mailed
before midnight on the third business day after you sign this agreement. The
notice must be mailed to: (insert name and mailing address of seller).
If you cancel, the seller may keep all or part of your cash down payment,
but in no event may the seller retain an amount in excess of five percent
(5%) of the cash price or the amount of the cash down payment whichever is
(3) A home solicitation sales contract which contains the notice of
cancellation in the form and content required by rule or regulation of the
Federal Trade Commission shall comply with the requirements of this section
if it contains information to the consumer concerning his right to cancel at
least equal to that required by subparagraph (2).
(4) 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 his intention to cancel.
§ 75-66-3. Buyer's right of cancellation; notice (2006)
Miss. Code Ann. § 75-66-3 (2006)