Legal Question in Consumer Law in Colorado

No cooling off period for telephone purchases???

My father was trying to purchase a workshop kit from a company in Colorado. The entire order was done through phone and fax. On the telephone my father asked the salesman if he was purchasing the ''rv storage kit'' which was one of the sample pictures on the website. The salesman said ''yes''. My father then signed and faxed the contract to the company on a Saturday. On the following Monday, he found out they sold him a completely different workshop. One that looked nothing like the ''rv storage kit''. He then made several attempts to contact the man with no success, so he put a stop payment on the $1,800 down payment. My father thought since we live in California we would be covered by the state cooling off period law? But Colorado doesn't have that law, and the federal law says it doesn't apply to purchases done entirely by mail and telephone. Now the company is threatening to sue. Are we obligated to forfeit the down payment? Are we covered by California law or Colorado? Thank you so much for your help!


Asked on 3/26/03, 6:06 pm

1 Answer from Attorneys
Benjamin Berger Berger-Harrison, A Professional Corporation

Re: No cooling off period for telephone purchases???

Cooling-off laws allow buyers to change their mind and back out of a would-be transaction for no reason at all. If the facts are as you say they are, you father doesn't need a cooling-off law for protection.

If the seller made a false representation, you are entitled to stop payment.

Email me if you need to consult further. Good luck,

Ben

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Answered on 3/26/03, 6:15 pm


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