Legal Question in Consumer Law in California

right of rescission

Can a retail store retain $75.00 of a down payment for a

purchase when the sale was cancelled one hour after it

was made? The sales receipt does state there will be

such a charge made if the order is cancelled and I did

sign it. But California has a 72 hour right of rescission

law that specifically states the retailer must return all

monies if the order is cancelled within 72 hours. Can

the retailer over-ride California consumer law by

making up his own rules? Do I have legal recourse?

Would this be a case for small claims court?


Asked on 1/22/03, 2:34 pm

1 Answer from Attorneys
Alvin Tenner Law Office of Alvin G. Tenner

Re: right of rescission

The 72 hour law does not apply to everything. It usually applies to home remodeling contracts and other major items.

Read more
Answered on 1/22/03, 11:03 pm


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