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Dwayne B.
Dwayne B., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 26704
Experience:  Practicing for over 20 years and handled many cases and trials for consumers.
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I live in “Arizona” and I have called a shutters guy to come

Resolved Question:

I live in “Arizona” and I have called a shutters guy to come over to my house to ONLY give me an estimate for how much it might cost. Somehow he convinced me to sign a contract with him. We signed the contract at my house. Couple of hours after signing the contract I called him informing him that I want to use my cooling-off period to cancel the contract and I sent him a letter through US registered mail the second day that I want to cancel it. He called me back and told me that I can’t cancel it because this is custom made although I informed him couple of hours after signing the contract. He threatened me that he will place a lien on my house if I don’t buy them from him. Can he do that and is it true that for shutters we can’t use the cooling off period although I informed him verbally and over the phone before he started making them?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Dwayne B. replied 1 year ago.

JD 1992 :

Despite what many people believe there is not an an absolute right in AZ to rescind every contract within 3 days. The 3 day rescission period only applies in certain limited circumstances under AZ and Federal law.


After certain solicitation sales made at your home under the Arizona Home Solicitations Act, (A.R.S. § 44-5001, et seq). buyers have three-day right to cancel only if:


 


* the seller was the one who personally solicits the sale (as opposed to you calling them amd asking them to come to your house); and


* the buyer agrees to purchase the goods or services at a home other than the seller's home; and


* either all or part of the price is payable in installments or, if you pay cash for the goods or services the seller provides a loan for you or helps you get a loan to pay the purchase price.


 


If all of the above are true, then the seller is required to give you a Notice of Cancellation at the time of purchase which tells you that you may cancel your agreement to purchase the goods or services prior to midnight of the third business day after the date of the sales transaction. You must mail or deliver a signed and dated copy of your Notice or any other notice, or send a telegram, by the cancellation date the seller has written on your Notice.


 


The Federal Trade Commission's Cooling-Off Rule also gives you, the buyer, a three-day right to cancel if:


 


* the sale is in the buyer's home, workplace or dormitory, or in a facility rented for a short time by the seller (hotels, motels, convention centers, fairgrounds, restaurants); and


* the purchase price is $25.00 or more. Exceptions: You do not have a three-day right to cancel a purchase even though the sale occurs in your home, workplace, dormitory or rented facility if:


* you already have an account with the seller, and the seller's primary business is to sell goods or services at a fixed location; or, you and the seller negotiated the purchase at a fixed location where the seller offers or exhibits goods or services.


* the goods or services you purchase are not primarily for personal, family, or household purposes; or the goods or services you purchase are needed to meet an emergency; or the purchase involves your request for repairs or maintinance; or the purchase is real estate, insurance, or securities; or the purchase is a motor vehicle sold at a temporary location if the seller has a permanent place of business; or the purchase is arts or crafts sold at fairs, or other locations.


 


Other transactions which give you a three-day right to cancel under Arizona law: are for services to be rendered in the future, such as credit services; and discount buying club services.



Therefore, if your contract does not fit into the above categories, the right to cancel only exists as set out in the written contract. If the contract is one listed above, and it appears to be, then if they don't issue a refund you need to either hire an attorney to contact them or make a complaint to the AZ Attorney General's office.

Customer:

Hi, so from my description about my situation where I signed the contract at my home, do you think my contract fits into these categories ? One more thing what about the letter he sent to me about placing a lien on my house? about the money I did not pay him anything yet so I'm fine from the money side.

JD 1992 :

Yes, I think your contract fits under the federal category and possibly under the state one. Regardless, the shutters guy owes you a refund. He might be able to place a lien on your home as a type of contractors lien or materialmans and mechanics lien but if he does you should be able to get a court to strike it and possibly even award damages against him. I think if you will go and hire an attorney to write a letter for you on this then it will all go away and you won't have to worry about it. That's been my experience anyway, I've never seen someone stick to that position after getting a letter from any attorney explaining why they are wrong.

JD 1992 :

Please ask any follow up questions in this thread. When all of your questions have been answered, then I would ask that you give a Positive Rating (of course I'd suggest Excellent) since that is the only way I get credit for my work and also please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. When looking at the answer I ask you to bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information. Also, issuing a positive rating keeps the question from “timing out” so you can return in the future if you think of a follow up.



However, please do not issue a rating of any kind until all of your questions have been answered and please use the Reply button to ask additional questions or to provide answers to my questions.


 


Several customers have asked how they direct a question to me in the future. If you specifically want me to provide information for you on a future question just put “FOR JD 1992” in the subject line and I will pick up as soon as I see it.

Dwayne B., Lawyer
Satisfied Customers: 26704
Experience: Practicing for over 20 years and handled many cases and trials for consumers.
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