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The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us) STATE OF MICHIGAN FRANK J. KELLEY, ATTORNEY GENERAL Opinion No. 5792 October 1, 1980 HOME SOLICITATION SALES: Contract for sale of replacement windows Placement of notice of three-day 'cooling off' period on contract The three-day 'colling off' period in the sale of replacement windows made at the consumer's home either by personal solicitation by the seller or solicitation by the telephone must appear on the contract in immediate proximity to the space reserved for the buyer's signature. Notice given on the reverse side of the contract from the place of signature of the buyer would not be in compliance with the home solicitation sales act. The Honorable Joe Forbes House of Representatives State Capitol Lansing, Michigan 48909 You have asked for my opinion concerning the application of the home solicitation sales act, 1971 PA 227, as last amended by 1978 PA 152; MCLA 445.111 et seq; MSA 19.416(201) et seq, to contracts for the sale of replacement windows. In general, 1971 PA 227, supra, gives consumers a three (3) day 'cooling off' period in sales for more than $25.00 made at the consumer's home either by personal solicitation by the seller or solicitation by telephone. During the 'cooling off' period the consumer may cancel the contract to purchase and receive a full refund of any deposit which may have been given to the seller. Of course, there are various exemptions and exceptions from the statute which need not be addressed to answer your question. 1971 PA 227, supra, Sec. 3(1), which requires that a statutory notice be given to the consumer in connection with a home solicitation sale, provides, in pertinent part, as follows: 'The agreement or offer to purchase shall contain a statement substantially as follows in immediate proximity to the space reserved in the agreement or offer to purchase for the signature of the buyer: "You, the buyer, may cancel this transaction at any time prior to midnight of the third business day after the date of this transaction. See the attached notice of cancellation form for an explanation of this right." You inquire whether a contract would meet that requirement if the quoted statutory notice appeared on the reverse said of a contract while the phrase 'The terms and conditions on the reverse side constitute a part of this contract and are specifically incorporated herein by reference' appeared immediately above the buyers' signature on the face of the contract. Your question may be answered by following the cardinal rule of statutory construction set forth in Goethal v Kent County Supervisors, 361 Mich 104, 111; 104 NW2d 794, 797 (1960): '. . . It is a cardinal rule of statutory construction that the legislative intent must be gathered from the language used, if possible, and that such language shall be given its ordinary meaning unless a different interpretation is indicated. . . .' The word 'proximate' has been defined as 'very near: immediately adjoining: CLOSE . . .' in Webster's Third New International Dictionary. Webster's Third New International Dictionary has defined the word 'immediate' as 'existing without intervening space.' Thus, 'immediate proximity' in the context of your question means 'close' 'without intervening space.' It is my opinion, therefore, that placing a statutory notice on the reverse side of a contract with the signature space appearing on its face would not fulfill the requirements of 1971 PA 227, Sec. 3(1), supra. Rather, the statutory notice must appear in immediate proximity to the space reserved for the buyer's signature. Frank J. Kelley Attorney General
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