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Ed Johnson
Ed Johnson, International HR Consultant
Category: Legal
Satisfied Customers: 10760
Experience:  GPHR cer BS, U.S.C. Pueblo; Immigration Law by Am. Mngmnt Association & USCIS Bus. Liaison ofc 1999
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Does the 3 day cancellation law apply in NYS with ...

Resolved Question:

Does the 3 day cancellation law apply in NYS with everything you purchase?We were told NYS law does not offer a 3 day cancellation period unless business is conducted away from the permanent business location, is this true?
Submitted: 7 years ago.
Category: Legal
Expert:  Ed Johnson replied 7 years ago.

DearCustomer

New York does not have so called "cooling off" laws. However they do have specific sitatuation where you have the right to cancel a contract within a stated period of time:

Under the Federal Trade Commission's cooling off law and the Truth in Lending law you have the following rights:

  1. You have until midnight of the third business day after a contract was signed to cancel either of the following contracts:
  • door-to-door sales contracts for more than $25, or
  • a contract for more than $25 made anywhere other than the seller's normal place of business-for instance, at a sales presentation at a hotel or restaurant, outdoor exhibit, computer show or trade show (other than public car auctions and craft fairs).

http://www.ftc.gov/ Cooling off law.

Truth in Lending Act:

  1. lets a consumer cancel a home improvement loan, second mortgage or other loan where the consumer pledged his or her home as security (except for a first mortgage) until midnight of the third business day after the contract was signed.
  2. If you order goods by mail, phone, computer or fax (other than photo development, magazine subscriptions, seeds or plants), the Federal Trade Commission's Mail or Telephone Order Rule requires that the seller ship to you within the time promised or, if no time was stated, within 30 days.

NEW YORK has other new york specific rules for cancelling contracts

Home Food Service Plan Sales. The buyer has a right to cancel a home food service plan contract until midnight of the third business day after the day on which the buyer executed the contract or after the day on which the seller provided the buyer with a fully executed copy of the contract, whichever is later.

Contracts with Charitable Organizations. Whenever a charitable organization contracts with a professional fund raiser, the charitable organization shall have the right to cancel the contract without cost, penalty, or liability for a period of fifteen days following the date on which said contract is filed with the attorney general.

Prize award schemes Consumer may cancel a sale made as a result of a prize award solicitation until midnight of the third business day after the day on which he signed a sales agreement.

Personal Emergency Service Response Agreements. Consumer has seven days to cancel the contract.

Sale of Urea-Formaldehyde Foam Insulation. Consumer has three days to cancel the contract.

Social Referral (Dating) Services. Consumer has three days to cancel the contract.

Credit Services Business Contracts with Consumers. Consumer has three days to cancel the contract.

Health Club Contracts. Health club contracts may be cancelled within three business days after the date of receipt by the buyer of a copy of the written contract.

Membership Campground Contracts. Such contracts may be cancelled within three business days after the date of receipt by the buyer of a copy of the written contract.

Automobile Broker Business Contracts. Consumer has three days to cancel the contract.

Home Improvement Contracts. Consumer has three days to cancel the contract.

Door-to-Door Sales Contracts. Consumer has three days to cancel the contract.

Telephone Sales Contracts. Consumer has three days to cancel the contract.

Sale or Lease Contracts for Subdivided Lands. Consumer has ten days to cancel the contract.

 

A portion of the above list was provided by Nolo.com

 

Ed Johnson, International HR Consultant
Category: Legal
Satisfied Customers: 10760
Experience: GPHR cer BS, U.S.C. Pueblo; Immigration Law by Am. Mngmnt Association & USCIS Bus. Liaison ofc 1999
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