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FindLaw: UTILIZING THE COOLING-OFF PERIOD - Attorney, Attorneys, Lawyer, Lawyers, Law, Laws, Litigation, Lawsuit

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C. UTILIZING THE COOLING-OFF PERIOD

Door-to-door sales include everything from magazines and cosmetics to appliances and home improvement. High-pressure sales tactics can convince even the most savvy consumers to buy a product when seeing it in their own home. If you make a hasty decision that you later regret, both state and federal law allow you to cool off.

At the time of sale, the seller must give you notice of your cancellation right. This notice is in writing in your contract or on your receipt. Federal law also requires oral notice. In order to cancel, sign your name and the date of cancellation on the form and make a copy for your records. Mail before midnight of the third business day to the seller's address, and send by certified mail, return receipt requested. Upon receipt the seller must furnish you with a refund, including postage and shipping in most cases, or full credit within 10 business days. There are also provisions for returning the goods if they are in your possession.

In addition, if your state has a cooling-off law, your period of cancellation may begin once the seller provides you with a notice of cancellation form, which includes the name and address of the seller and a place to sign your name to effect cancellation. If the seller does not provide this form expeditiously, you can cancel by notifying the seller in any manner. Contact your local BBB for your state's law,

If no refund policy is specifically stated in the contract, you have 20 days after receipt of the merchandise to demand a cash refund or full credit if the merchandise is in "substantially good condition." You get the refund within 10 days after returning the merchandise.

Most cooling-off laws apply to sales that exceed $25. A seller cannot bypass this law by using separate receipts of under $25 for each item. The law protects private parties in the home, hotel and restaurant solicitations, or sales on street corners. It does not include mail or telemarketing sales; purchases of securities, insurance, or real estate; or emergency home repair. In the latter situation, you bear the loss in the event the services were not needed. This is to ensure speedy assistance in an emergency.

 

 

 

 

Don't Get Taken!
Copyright © 1996 Steven Mitchell Sack