Del. Code tit. 6 § 2420A

Current through 2024 Legislative Session Act Chapter 531

Section 2420A - Cancellation of agreement; waiver

(a) An individual may cancel an agreement before midnight of the third business day after the individual assents to it, unless the agreement does not comply with subsection (b) of this section or § 2419A or 2428A of this title, in which event the individual may cancel the agreement within 30 days after the individual assents to it. To exercise the right to cancel, the individual must give notice in a record to the provider. Notice by mail is given when mailed.

(b) An agreement must be accompanied by a form that contains in

bold-face type surrounded by bold black lines:

Notice of Right to Cancel

You may cancel this agreement, without any penalty or obligation, at any time

before midnight of the third business day that begins the day after you agree

to it by electronic communication or by signing it.

To cancel this agreement during this period, send an e-mail to

________________________ or mail or deliver a signed, dated copy

E-mail address of provider

of this notice, or any other written notice to __________________

Name of provider

at ____________________________ before midnight on ________.

Address of Provider Date

If you cancel this agreement within the 3day period, we will refund all money

you already have paid us.

You also may terminate this agreement at any later time, but we are not

required to refund fees you have paid us.

I cancel this agreement,

________________________

Print your name

________________________

Signature

________________________

Date

(c) If a personal financial emergency necessitates the disbursement of an individual's money to 1 or more of the individual's creditors before the expiration of 3 days after an agreement is signed, an individual may waive the right to cancel. To waive the right, the individual must send or deliver a signed, dated statement in the individual's own words describing the circumstances that necessitate a waiver. The waiver must explicitly waive the right to cancel. A waiver by means of a standard-form record is void.

6 Del. C. § 2420A

75 Del. Laws, c. 430, § 1.;