•INTERNET RESEARCH PROJECT
•There is a Michigan statute titled the “Home Solicitation Sales Act”. It has several sections. One section applies to the “Right of a buyer to cancel home solicitation sale; time; notice of cancellation; restriction on right to cancel; sale subject to debtor’s right to rescind”. That is the section you must find for this project. This section explains the rights of a buyer when the seller comes to the buyer’s home to solicit the sale, and the contract is signed at the buyer’s home.
•Prepare a memo to me that identifies and sets out the statute, answers the following questions and identifies and discusses the Michigan cases described below. Your conclusion should briefly summarize the points in your discussion.
1. Find the appropriate section of the Michigan Home Solicitation Sales statute that governs the “Right of a buyer to cancel home solicitation sale; time; notice of cancellation; restriction on right to cancel; sale subject to debtor’s right to rescind”. Cite the statute as MCL ______.
2. When can a buyer cancel a contract that complies with this statute? When is notice given? Explain how you arrive at your answer using the information in the statute.
3. Find two (2) Michigan cases described below. These both involve the Home Solicitation Sales statute. Briefly explain the facts of each case and answer the questions posed. These can be found through online searches.
(a) A Michigan Court of Appeals case decided in 1999 that involved the sale of coins. Was the buyer able to rescind the contract under the Home Solicitation Sales Act? Why or why not? Explain the court’s reasoning.
(b) A Michigan Court of Appeals case decided in 1990 that involved a contractor who went to the plaintiff’s home and entered into a written contract for home repairs. This case has a dissent that disagrees with the ruling of the majority of the court. Did the majority think that the homeowner was entitled to a refund under the Home Sales Solicitation Act? Why or why not? Why did the Dissent disagree? Explain fully.
Your memorandum is due to me by submitting it through this online course and electronically to TURNITIN.COM no later than 11:55 p.m. on Monday, 2/16/2015. Note that it is 11:55 instead of 11:59.
•GUIDELINES FOR THE PAPER:
The paper should be written in Memo form and must be at least 2 full pages, but not more that 4 pages. It can be single spaced or double spaced. THIS IS AN INDEPENDENT PROJECT. PLEASE DO YOUR OWN WORK.
These are the section headings for a memo.
INTRODUCTION: Set out the reason for the memo and the points you will cover in the Discussion section.
DISCUSSION: This is where you discuss the case, statute and questions. This is the main part of the memo. Be sure to answer all the questions based on the information in the case and the statute.
CONCLUSION: Briefly restate all the main points. This should not be more than 1 paragraph.
BIBLIOGRAPHY: List the web sites you used to get your information.
Your grade depends on the following:
1. Do you adequately cover the material? Is the paper organized in a memo format and easy to follow with correct grammar and punctuation? Is it professional (i.e., no slang, misspellings, or informal format)
2. Are the main points you will cover stated in the Introduction?
3. Is the applicable statute found and discussed?
4. Is the applicable case found and the questions answered?
•5. Is there a logical conclusion?
6. Did you credit your online sources in the Bibliography?
Review the Syllabus for the rubric for this assignment.
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