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Is there a 3 day right of recission statue in NJ for retail purchases?

Cherry Hill, NJ |

Ordered a dress and cancelled within 48 hours in writing They have a no refund policy. Is there a statute and if so, where can I print it?

Attorney Answers 2

  1. Check the federal cooling off period, linked below. I'm guessing that your purchase isn't covered by any state law. Typically the kinds of contracts that do have the right or rescission are door to door sales, home loans, home improvement contracts, and gym contracts.

    Usually if the contact itself doesn't give a party the right to rescind, then there isn't such a right. Also, custom-ordered items are almost never refundable.

    Avvo doesn't pay us for these responses, and I'm not your lawyer just because I answer this question or respond to any follow-up comments. If you want to hire me, please contact me. Otherwise, please don't expect a further response. We need an actual written agreement to form an attorney-client relationship. I'm only licensed in CA and you shouldn't rely on this answer, since each state has different laws, each situation is fact specific, and it's impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue.

  2. As my colleague from CA indicates, certain matters, such as mortgage loans on refinances, and home improvement contracts, have a statutory right of recision. The purchase of a condo or raw land from a developer usually also contains such right.

    A purchase from Kohl's, Best Buys, etc. does not have such a right of rescission. Each store has its own policy regarding returns, and some have a "restocking fee." That is why consumer reporters constantly announce during the Christmas season that you need to be aware of the store's policy. Some will only give you store credit, others will, if returned within 7 days, take the item back, with or without a restocking fee, provided you have the original receipt AND the original packaging.

    Good luck!

    The foregoing is not intended to be legal advice upon which you may rely as I have not been retained for this purpose.