Legal Question in Consumer Law in Virginia

Magazine Sales: Did a verbal confirmation over phone. Changed mind 2 days later and called to cancel order. Advised that I was not able to cancel order because company paid for magazines. Now Im obligated to pay. Company is in Colorado and Im in VA. VA has 3 day right to cancel, but according to company Colorado does not. According to company, a verbal contract is equivalent to a signed contract and they fall under Colorado law and not Virginia law. Question: Does the 3 day cooling off period falls under Colorado or Virginia jurisdiction? Thanks for your assistance.


Asked on 9/17/10, 10:15 am

2 Answers from Attorneys

Cary Moseley Law Office of Cary Powell Moseley, PLLC

I am not aware of any cooling off period for this type of transaction. You might consider consulting an attorney and filing suit in Virginia if necessary. A well-worded letter from an attorney may do the trick. Good luck.

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Answered on 9/22/10, 10:23 am
Michael Hendrickson Law Office Michael E. Hendrickson

Assuming that the transaction described falls under the Virginia Home Sales

Solicitation Act, i..e., you were solicited for this sale presumably via the telephone while you were at home, you would unreservedly have a right to cancel it within 72 hours and Virginia law rather than Colorodo's should control in the

matter.

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Answered on 9/22/10, 1:22 pm


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