Does three day cooling off period apply to an advertising contract for a small business?

Asked over 1 year ago - Valrico, FL

Today we just signed an advertising contract for $ 1500 for six months , initial payment $ 375 with 3 additional payments later . The contract states it is non - cancellable , and it also states all business are considered done in California even though the contract was signed in our salon in Florida . Will I be able to cancel the contract using three day cooling off rule ? Or is there any other way to get out this contract ? There was no mentioning of three day cancellation on the contract .

Attorney answers (2)

  1. Clayton Harold Walker Jr.


    Contributor Level 13


    Best Answer
    chosen by asker

    Answered . A lot of advertising contract use the home office acceptance style of contract. What you may have actually signed was an offer to purchase advertising. The contract may be subject to acceptance by the home office after it assures itself that the salesman didn't give away the farm. If this is the style of contract they used, their acceptance would not be effective until it is communicated to you. Offers can be withdrawn before acceptance, as long as they are not firm offers. Accordingly, you could revoke your offer by simply communicating your written revocation. An attorney would have to read the fine print to determine if this avenue is available to you. You might communicate your revocation in writing immediately and then follow up with counsel review to confirm your position.

    You'll have to check with local counsel about the three day cooling period. That would be a matter of local statutes.

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  2. Brian Joseph Meli

    Contributor Level 4

    Answered . Typically "cooling off" periods only apply to consumer transactions, and are meant to protect buyers against situations where there is a disparity in bargaining power between the buyer and the seller. These rules vary from state-to-state in terms of dollar amount, types of transactions etc. You can find out what the rules are in your state (and any applicable federal rules) by visiting your local better business bureau's website. However since your contract was for business services, you likely won't be able to use a consumer protection statute to get relief. That doesn't mean there's no way to cancel, it just means this avenue probably won't be available to you. I suggest contacting a commercial attorney in FL who may be able to provide you with other options.

    As far as the business in California portion of your question, that is likely a choice of venue/choice of law clause. If so it means if there's a dispute over the contract, it must take place in CA, and/or is governed by CA law. But it's impossible to know for sure without seeing the contract, and this is one of the first things a lawyer will determine for you.

    Good luck!

    This response is for informational purposes only and is not intended to and does not constitute legal advice.... more

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