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When do consumers have a 3-day right tocancel a contract or purchase?There has beenmuch confusionabout contractsand the three-dayright of rescis-sion law, com-monly referredto as the “coolingoff period.”Many consumersare under the impression that theselaws apply to any and all consumerpurchases. However, this is not true.The right of rescission law applies onlyto very specific situations. The threeday right of rescission law applies tosales made at facilities other than theseller’s place of business. Such locationsmay be the consumers residence andareas rented on a temporary or short-termbasis, such as hotel rooms or conventioncenters.There are several exceptions tothe law . There is no three-day rightof recision for goods or servicespurchased for less than $25, or for thepurchase of insurance and farmequipment. Other exceptions are realestate purchases of less than $100 madeat a place other than the merchant'splace of business, a sale involving anattorney or broker, and sales madepursuant to prior negotiations at themerchant's business establishment,where the sale is the result of thosenegotiations. Finally, the law does notapply to sales conducted entirely bymail or telephone, with no other contactbetween the buyer and seller.Under the law, the salespersonmust tell you about your cancellationrights at the time of sale. The salespersonalso must give you two copies of acancellation form, one to keep and oneto send, and a copy of your contractor receipt. The contract or receipt shouldbe dated, show the name and addressof the seller, and explain your rightto cancel.If the salesperson provided youwith the right forms, to cancel the saleyou may simply sign the one titled "noticeof cancellation," date it, and mail it backto the seller. To obtain a full refund,you must do this before midnight ofthe third business day after the sale.Keep a copy of the form.If the salesperson did not providea cancellation form, you may still cancelyour contract. Because the seller violatedthe law by not providing the form, youhave extra time. But remember, youmust cancel in writing. Be sure to keepa copy of the contract and your letternotifying the seller of the cancellation.It is a good idea to get this done assoon as possible.We have also received inquiriesfrom consumers who speak languagesother than English. The law providesprotection for these consumers as well.The receipt or contract and notice ofthe right to cancel must be writtenin the same language principally usedin the sales presentation. For example,if buyer and seller spoke Spanish duringthe sale, the receipt or the contract mustalso be in Spanish.If you decide to cancel, the sellerhas ten business days to refund yourmoney, return any note you may havesigned concerning the sale, and returnany trade-in items. The seller of thegoods must notify you within ten dayswhether he or she intends to retrievethe goods or abandon them. He orshe may not require you to mail or shipthe goods back.If the seller fails to notify you ofhis or her intention to repossess thegoods within 20 days of cancellation,you may not be forced to return thegoods at a later date. You are notobligated to return goods to the selleruntil you have recovered either yourmoney or your note.If you are unsure or concernedabout signing a contract, you shouldconsult with a private attorney beforeyou sign it
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