Legal Question in Consumer Law in Florida

Buyer's right to cancel

I signed a contract to purchase a water softening system. I had a 3 days right to cancel. My merchandise was not installed and paid for until the day after the contract. According to the contract my buyer's right to cancel begins the day I sign the contract. I canceled my purchase and the postmark was one day late. Can I challenge this? I was within my 3 days if you go by the date I received my merchandise.


Asked on 10/20/02, 3:16 pm

1 Answer from Attorneys
Randall Gilbert Gilbert & Caddy P.A.

Re: Buyer's right to cancel

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney�s individualized advice for you. By reading the �Response� to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

RESPONSE: What are you trying to receive something for nothing? How are you going to cancel the contract after you received and are using the goods? Unless you have another legally independent justification for rejecting the tender of the water softening system I do not see how you can in good faith reject the goods.

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Answered on 10/20/02, 6:28 pm


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