3 Day Right To Cancel - Contractor Talk - Professional Construction and Remodeling Forum

Rich · 01-19-2009, 08:25 AM

Does anyone have a 3 Day Right To Cancel form to share?

Max Nomad · 01-19-2009, 09:35 AM

Quote:

Originally Posted by Rich

Does anyone have a 3 Day Right To Cancel form to share?

It's not really something that deserves a whole form. It's a line in your main contract. For example, here in Virginia it would be pursuant of the "Virginia Home Solicitation Sales Act § 59.1-21.3. Cancellation of sale" in the Code of Virginia (and properly cited as such of course).

http://leg1.state.va.us/cgi-bin/legp...02000010000000

Quote:

§ 59.1-21.3. Cancellation of sale.
(1) Except as provided in subsection (5), in addition to any right otherwise to revoke an offer, the buyer has the right to cancel a home solicitation sale until midnight of the third business day after the day on which the buyer signs an agreement or offer to purchase which complies with § 59.1-21.4.
(2) Cancellation occurs when the buyer gives written notice of cancellation to the seller at the address stated in the agreement or offer to purchase.
(3) Notice of cancellation, if given by mail, is given when it is deposited in a mailbox properly addressed and postage prepaid.
(4) Notice of cancellation given by the buyer need not take a particular form and is sufficient if it indicates by any form of written expression the intention of the buyer not to be bound by the home solicitation sale.
(5) The buyer may not cancel a home solicitation sale if the buyer requests the seller to provide goods or services without delay because of an emergency, and
(a) The seller in good faith makes a substantial beginning of performance of the contract before the buyer gives notice of cancellation, and
(b) In the case of goods, the goods cannot be returned to the seller in substantially as good condition as when received by the buyer, and
(c) The buyer's emergency request is in a dated writing personally signed by the buyer and which expressly states that the buyer understands that he is waiving his right to cancel the sale under the provisions of this act.
(6) Except as provided in subsection (5), any waiver or modification of a buyer's right to cancel is void and of no effect. In the event the seller obtains from the buyer a waiver or modification of his right to cancel, the buyer's right to cancel shall commence on the first business day following his learning that the waiver or modification is void and of no effect.
(1970, c. 668; 1972, c. 448.)

(I included that just to show the code that it references, not to say all that should be dumped in your contract)

For what it's worth, you might do yourself a solid and have a lawyer look over your contract and make sure it's properly added.

DAVIS081404 · 01-19-2009, 05:44 PM

Not sure if this will post. If not shoot me your email address. I have severall differant forms requuired by California. You wont be able to edit them but it will give you the right idea.

Rich · 01-20-2009, 07:02 PM

I tried several ways to edit one of these documents, without success.
I scanned, pdf'd and tif'd.

Anyone have any ideas?

dubz · 02-19-2009, 01:43 PM

Quote:

Originally Posted by Rich

I tried several ways to edit one of these documents, without success.
I scanned, pdf'd and tif'd.

Anyone have any ideas?

What do you want to use to edit it? If it's MS word that you use, I can send you the one I use for here in Connecticut, but you might want to get one for Mass.

You should be able to find one online on your state website.

Jason W · 02-19-2009, 02:07 PM

Quote:

Originally Posted by Max Nomad

It's not really something that deserves a whole form. It's a line in your main contract. For example, here in Virginia it would be pursuant of the "Virginia Home Solicitation Sales Act § 59.1-21.3. Cancellation of sale" in the Code of Virginia (and properly cited as such of course).

http://leg1.state.va.us/cgi-bin/legp...02000010000000

(I included that just to show the code that it references, not to say all that should be dumped in your contract)

For what it's worth, you might do yourself a solid and have a lawyer look over your contract and make sure it's properly added.

I could be wrong about this, but I'm pretty sure that all states require this form to be separate from your contract. I know thats the case in NY and VT. Worth looking into IMO.

JonM · 02-19-2009, 02:10 PM

Quote:

Originally Posted by Rich

I tried several ways to edit one of these documents, without success.
I scanned, pdf'd and tif'd.

Anyone have any ideas?

Copy and paste this.....

NOTICE OF CANCELLATION

.... (Date of Transaction)
YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR OBLIGATION, WITHIN THREE BUSINESS DAYS FROM THE ABOVE DATE.
IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENTS MADE BY YOU UNDER THE CONTRACT OR SALE, AND ANY NEGOTIABLE INSTRUMENT EXECUTED BY YOU WILL BE RETURNED WITHIN TEN BUSINESS DAYS FOLLOWING RECEIPT BY THE SELLER OF YOUR CANCELLATION NOTICE, AND ANY SECURITY INTEREST ARISING OUT OF THE TRANSACTION WILL BE CANCELLED.
IF YOU CANCEL, YOU MUST MAKE AVAILABLE TO THE SELLER AT YOUR RESIDENCE, IN SUBSTANTIALLY AS GOOD CONDITION AS WHEN RECEIVED, ANY GOODS DELIVERED TO YOU UNDER THIS CONTRACT OR SALE; OR YOU MAY, IF YOU WISH, COMPLY WITH THE INSTRUCTIONS OF THE SELLER REGARDING THE RETURN SHIPMENT OF THE GOODS AT THE SELLER'S EXPENSE AND RISK.
IF YOU DO MAKE THE GOODS AVAILABLE TO THE SELLER AND THE SELLER DOES NOT PICK THEM UP WITHIN TWENTY DAYS OF THE DATE OF CANCELLATION, YOU MAY RETAIN OR DISPOSE OF THE GOODS WITHOUT ANY FURTHER OBLIGATION. IF YOU FAIL TO MAKE THE GOODS AVAILABLE TO THE SELLER, OR IF YOU AGREE TO RETURN THE GOODS TO THE SELLER AND FAIL TO DO SO, THEN YOU REMAIN LIABLE FOR PERFORMANCE OF ALL OBLIGATIONS UNDER THE CONTRACT.
TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER WRITTEN NOTICE, OR SEND A TELEGRAM TO .... (Name of Seller) AT .... (Address of Seller's Place of Business) NOT LATER THAN MIDNIGHT OF .... (Date)
I HEREBY CANCEL THIS TRANSACTION.
.... (Date)
.... (Buyer's Signature)