Buyer's Remorse - right to cancel contract?

[vettechick99]

I thought I heard that you can cancel a contract within 3 days. Is this true and are there certain restrictions? The contract in question is for a service.

TIA!

 

[mickeyboat]

http://64.177.8.238/consum/cooloff.html

I found this article. Looks like you may have a chance if your contract spelled out a cooling off period allowance, or if the sale was made to you through a door-to-door solicitation.

I would recommend you check the laws specific to your state, though.

Denae

 

[offwegotoneverland]

There are normally restrictions (they'd vary state to state) the most common ones cover contracts signed in your home vs those signed at the place of business.

Normally it is a very short window either 24-48 hours but can be as much as 5 days.

Your local Better Business Bureau web site may have info on this.

 

[vettechick99]

if anyone knows rights for GA, please let me know. I'm having my DH call our lawyer in case we can't find anything out on our own.

And I have to say it's not buyer's remorse...I think he misrepresented himself and is crooked as the day is long. But if I can cancel this way, then I'll try that.

Should also say that we haven't paid, but have received some of the services and signed a contract.

 

[mickeyboat]

http://www.georgia.gov/00/article/0,2086,5426814_39039081_39477231,00.html

Check out this site. It describes the rules for the cooling off period, and may give you additional information and links to other resources.

Denae

 

[ckmommy]

I do not know about Georgia, but in TX we have 3 days. Dh had a water softner guy knock on the door. Next thing I know, he had signed a contract for a $3000 water softner that I know we did not need. We called the next day and got out of it. Good Luck to you!!

 

[Nancyg56]

CT has a 3 day cooling off period, also. I am not sure if there are restrictions. Good luck.

 

[bicker]

So there is no three-day cooling-off period for verbal contracts, or for contracts entered-into at the regular place of business of the merchant. Interesting.

 

[Nancyg56]

So there is no three-day cooling-off period for verbal contracts, or for contracts entered-into at the regular place of business of the merchant. Interesting.

Really. That is nice to know, because a company was trying to get us to subscribe to their "club". I had researched it online and it was a "sign now or never come back" place, so I declined the invitation. The sales guy tried to get me with the 3 day cooling off, but the contract would be in the salesroom of the company. Thanks for sharing this.

 

[Lisa loves Pooh]

Florida is 3 days. We bought a time share against our better judgement and cancelled that puppy right away.




I'm not certain if is strictly business establishment--we bought our time share at the establishment and were able to cancel. I believe we could also do that with our couches--but I really don't remember.


TYPICALLY---the 3-day cooling off period will be printed somewhere on the front or back of the invoice.

Nancy--in your situation---it is quite possible there was a 3-day---you could have asked them to show you what you would sign and see if it is printed anywhere.

In Florida, it must be printed on the invoice I believe.

 

[Nancyg56]

I was on the phone with the salesman. I knew about the 3 day period to cancel, but I did not know what the restrictions were. We never sign anything the same day we see it because we can be a little impulsive. The policy at this buyers club was that you needed to sign the contract before you left the store, or you could never come back. I could not find any info at the website, so I googled reviews. The salesman called, and confirmed the buy now or never policy, but finally added that we had a three day cancellation per CT law. Now I wonder if we would have been stuck because we would have been signing in the sales office.

This turned out to be very hard sell and this was over the phone. I cannot imagine the pressure if we were trapped in the showroom......

 

[Lisa loves Pooh]

I think we are confusing structures.....

Given the nature of the transaction--sounds like you would have had 3days.

And here is the law--buying clubs are included regardless of where the contract is signed:

Contracts - Right of Rescission
Office of Legislative Research report #99-R-0262 lists Connecticut state laws that allow a three-day right of rescission for particular types of consumer contracts: Home Solicitation Sales Act (CGS 42-135a); Home Improvement Act (CGS 20-429); buying club agreements (CGS 42-310); dating service agreements (CGS 42-321); diet program agreements (CGS 42-282); home food service plans (CGS 21a-401); health club membership agreements (CGS 21a-217); and time share purchase agreements (CGS 42-103y). Also, the federal Regulation Z allows a three-day right of rescission in some refinancing situations.

http://www.cslib.org/law.htm

 

[Lisa loves Pooh]

Vettiechick--here is Georgia law

http://consumer.georgia.gov/00/article/0,2086,5426814_39039081_39477231,00.html

What contracts can be canceled within three business days?

A contract may be canceled if:

It involves the sale, lease or rental of goods or services for personal, family or household use; and

It is a written agreement between two or more parties, listing all details of the agreement and signed by all parties; and

The commitment totals $25.00 or more, including interest, mailing charges and any other charges related to the agreement; and

It was entered into at a place that is not the regular place of business of the merchant, such as your home, a consumer product party, a seminar sales program or a hotel room; some exceptions apply.

What contracts cannot be canceled within three business days?

The three-day cancellation right does not apply if the contract was:

Entered into at the merchant’s regular place of business (for example, a retail store, new car dealership or used car lot), a craft fair, or a vehicle auction or tent sale; or

Previously negotiated at the merchant’s regular place of business; or

Made entirely by mail or telephone; or

For less than $25.00; or

For real estate, insurance or securities; or

For emergency home repairs; or

For home improvement loans or any contract where your home is used as collateral or a security deposit

Looks like Georgia cannot be signed in an establishment

Georgia also has these considerations:

Extended membership cancellation period

The Georgia Fair Business Practices Act (FBPA) allows a longer cancellation or cooling-off period for the following consumer transactions:

Campground or marine memberships can be canceled up to 5:00 PM of the seventh day after a contract is signed. A separate Notice to the Buyer, describing the cancellation procedure, must be furnished at the time of purchase. Any money paid by the buyer must be returned within 30 days.

Health spa or fitness center memberships can be canceled up to 12:00 midnight of the seventh day after a contract is signed.

Each contract must contain a paragraph explaining your cancellation rights in detail. If you have used the contracted services during this seven-day period, you are still entitled to a partial refund, which you should receive within 30 days.

 

[Nancyg56]

I think we are confusing structures.....

Given the nature of the transaction--sounds like you would have had 3days.

And here is the law--buying clubs are included regardless of where the contract is signed:



http://www.cslib.org/law.htm

Thanks, Lisa loves Pooh.

 

[vettechick99]

Thanks everyone! You've all be so helpful.

 

[bicker]

Really. That is nice to know, because a company was trying to get us to subscribe to their "club". I had researched it online and it was a "sign now or never come back" place, so I declined the invitation. The sales guy tried to get me with the 3 day cooling off, but the contract would be in the salesroom of the company. Thanks for sharing this.

Yes, but note that any contract that says it has a cooling-off period does have one. The law just covers which contracts always have a cooling-off period, regardless of whether the contract includes one or not.

This turned out to be very hard sell

Which is more than enough reason to turn it down, regardless.

 

[Obi-Wan Pinobi]

I once worked briefly for a company doing in-home home improvement sales. In Virginia the customer does have a 3-day cooling off period in those situations. I'm not sure if this is the case in other states, but we provided a separate form the customer had to sign regarding the 3-day right to cancel period.

Using that to make a sale was a tactic of last resort. The last thing the salesperson wants to put into your mind is that you can cancel the next morning. Most in-home salespeople are 100% commission, and no sale means no $$ for them.

I'm pretty sure in VA there is no cooling off period if the customer goes to the place of business. I would imagine the rationale is that if the customer makes the effort to go to the place of business, then they have a strong interest in the product anyway. The 3-day right to cancel gives the homeowner a chance to research and get another estimate, and then they would be able to cancel for whatever reason they wish.