Is the 3 business days to cancel a contract set in stone? can i still get out of the contract if that time has passed?
Atlanta, GA |
The company was to hold my check until I had figured out how to finance the product I 'purchased'.
I decided that I did not want the product after a weeks time and put a stop on my check.
can the contract be canceled?
Does the contract provide you with any termination options? You need to read you contract, it's the basic source of your rights abnd remedies.
Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship
There is a federal 3 day right to rescind a contract provided generally that the contract is signed in your home and relates to certain types of goods, products or services. The law also Georgia also has a state law that provides a similar 3 day right to rescind (and in some cases, such as health clubs, longer). But the 3 day right to rescind/cancel is fixed and unless the contract provides otherwise, you are unlikely to be able to cancel after the 3 days. Your question suggests there may have been a right to cancel based on financing which may provide a way out...but will depend on a number of factors. You should consult an attorney.
From my website below:
Under the 3-day Cooling-Off Rule, sales covered are sales for $25 or more that are made at the buyer’s home, workplace or dormitory, or at facilities rented by the seller on a temporary or short-term basis, such as hotels, convention centers, fairgrounds and restaurants. The rule also applies when the buyer invites the sales person to their home. The Rule does not apply to sales that begin as retail transactions at a business establishment, and are completed with the signing of a contract in a consumer's home. For instance, ordering carpet at a store and signing the contract when someone comes to the consumer's home to measure floor space. Making a phone call to create an appointment for a sales person to come to the home is NOT a retail transaction that began at the business establishment.
The salesperson must tell the consumer (does not include a B2B transaction) about their cancellation rights at the time of sale and give the consumer two copies of a cancellation form (one to keep and one to send) and a copy of the contract or receipt.
For more information, see "Can you cancel your contract" on my website at General Consumer Law Info.
Disclosure: This answer and any information contained in this answer is not intended to be treated as legal advice. This posting does not create an attorney-client relationship or privilege of any kind. This attorney actively licensed only in the State of Georgia.