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Right of Cancellation Notice

 

Your Right as a Consumer

When you sign a home improvement contract at your place of residence, a contractor is required by law, to inform you of your rights as a consumer!  Please note, this only applies when you sign the contract at your home.  It does NOT apply if you sign the contract at the contractor's place of business.  For a complete description of the law and it's other exclusions, please contact your local Office of Consumer Affairs or the Attorney General.

What you need to know...

  • On a contractor's estimate, proposal or contract, the following must appear to inform you of this right:

    • "YOU THE BUYER, MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION.  SEE THE ATTACHED NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT."

    • This must appear in a bold, 10 pt. type font and NOT in fine print.

    • The contractor must then provide you with the FULL EXPLANATION of this right as stated above.  Click here to download our form.  (It is a Word® Document, if you do not have MS Word® installed on your computer, click here to download a free Word® Viewer from Microsoft®).  This form must be in triplicate.  One copy is for the contractor, the second copy is for your records and the third copy is for you to send back to the contractor, should you choose to cancel the transaction.

    • When accepting a contractor's proposal or estimate, the procedure is as follows; In the last line of the third paragraph, where it states, "...MIDNIGHT OF ___________," the contractor writes in the date that is three business days from the date you accept the job.  A business day is defined as, any day except Sunday and Holidays, e.g., Labor Day, Independence Day, Christmas, etc.  Where it states, "I have read and received this notice," you must sign your name and date the notice affirming you have read and are in receipt of this notice.

    • Should it be a small job that requires little thought, or you can't or do not wish to wait for the three business days to pass, and you want to get the ball rolling quickly, you must waive your right to cancel by doing the following: Furnish the contractor with a separate, dated and signed, personal statement describing a situation requiring immediate remedy and expressly acknowledging  and waiving the right to cancel within three (3) business days.

    These rights are here to protect you, take advantage of them!  

    Many consumers are still unaware of these rights and oftentimes a bit wary of signing such a notice.  This is nothing to be wary of, this is simply an HONEST contractor operating under the law.  This is a great way to test the integrity of a contractor...by letting you know you DO NOT have to do the job on the spot or you may change your mind and receive a complete refund of your deposit with NO further obligation within the time allotted!

    Also worth noting: If a contractor fails to notify the consumer of these rights, administrative action will be taken against the contractor by the Office of Consumer Affairs!