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FAQ Answer Page-Three-day right to cancel

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- Lemon Law

Three-day Right to Rescind Home Solicitation Contracts

Q: Don't I have a three-day right to cancel this home solicitation contract?

A: Yes. In California, home solicitation contracts or offers may be canceled until midnight of the third business day after the day the contract was signed. A "home solicitation contract or offer" is any contract, or any offer subject to approval, for the sale, lease or rental of goods or services, made at other than the seller's place of business (or a place of business where such goods are normally offered for sale), for $25.00 (including interest and services charges) or more.

Excluded are:

-contracts under which the consumer has the right to rescind under Title 1, Chap. 2 125 of the Federal Consumer Credit Protection Act

-contracts for repair services with licensed contractors if:

-contract is less than $100.00, and

-contract negotiations initiated by buyer, and

-contract contains written and dated statement, signed by buyer, that negotiations were initiated by buyer

Included "goods" are all tangible items for personal, family or household purposes, including certificates and coupons, and includes items to be affixed to real property.

Excluded "goods" are registered vehicles, mobilehomes, or most goods sold with them.

Included "services" means virtually all work, labor and services, and includes those for residential property.

The notice of election to rescind must be written, and postmarked or personally delivered, by midnight of third business day.

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The Law Office of MICHAEL R. QUIRK

1615 Bonanza Street, Ste. 207

Walnut Creek, California 94596

NOTICE: Information printed here is not legal advice.  The information is general in nature, and is not intended as a substitute for legal advice or a legal opinion on a specific individual fact scenario. Individual rights, remedies and obligations vary; laws frequently change. Your specific facts should be reviewed by this office, or another California attorney emphasizing auto dealer fraud, lemon law, fair debt collection, credit protection, and other consumer fraud and consumer law issues, before taking any action. Site content approved by Michael R. Quirk.

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