Legal Question in Consumer Law in New Jersey

Can a company refuse to take back a product that was misrepresented to an elder

I have a sister that is 75 years of age, and brother-in-law that is 78. They responded to a magazine ad that stated that if you filled out a form and mailed it in you have a chance to win a free Rascal scooter. The result was a visit from two salesmen that delivered a high presure sale pitch that lasted three hours. All though the company manufactures several models only the most exspencive model was shown to them. The bottom line is that the scooter is of no use to them because of size and the lack of mobility that my brother-in-law has. We have contacted the company several times and have been told that they did not allow products to be returned even though it has not been used.


Asked on 1/01/03, 1:39 pm

1 Answer from Attorneys
Glen Chulsky Law Office of Glen H. Chulsky

Re: Can a company refuse to take back a product that was misrepresented to an el

Whether the product can be returned or not depends on the facts. If the transaction occurred in NJ, then a 3 day right to cancel may apply under Federal and State law. If the 3 day right to cancel applies, and the couple weren't given a notice (or even the proper notice), then the right to cancel is extended beyond 3 days. If you need more info, feel free to call me at 973-659-3400.

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Answered on 1/01/03, 8:07 pm


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