Legal Question in Business Law in California
3-day ruld
I am wondering about the 3 day rule, I purchased a vacation promotion package I received over the fax and have second thoughts, they said there is no refund on the purchase but I thought a person had 3 days to change their mind. I purchased on 11/14/03 would need to cancel by 11/17/03 if it is allowed. I live in Michigan and the seller is in California. Your information would be greatly appreciated.
1 Answer from Attorneys
Re: 3-day ruld
I hope you will get a timely response from some LawGuru attorney who knows about the three-day rule you're thinking of....I cannot find it.
There is a California law allowing rescission of contracts for goods and services solicited door-to-door or otherwise outside of a regular retail store kind of situation, but I can't stretch "goods and services" to include real property.
There is also a three-day rescission period in a Federal law that affects real estate. The so-called "Truth in Lending" law (more formally, the Federal Consumer Credit Protection Act, public law 90-321) allows a borrower to back out of certain real-estate financing arrangements within three days. I don't know if your situation would fit.
It's the weekend and I'm answering from home, without benefit of library to research or colleagues to ask. I'll keep looking but I haven't found a law that allows you to rescind a purchase agreement for real property within three days or any other time period.
Of course, any contract can be set aside for fraud and a few other reasons such as mistake, illegality, or lack of capacity of a party.
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