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Ellen
Ellen, Lawyer, Consultant
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We signed an agreement (in NJ) yesterday with a representative

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We signed an agreement (in NJ) yesterday with a representative of International Profit Associates (an Illinois company) for business consultation sevices to begin today. Upon reviewing numerous posted complaints about this company we would want to cancel the agreement. Can we do this under the right of rescission?
Hello,

Thank you for your question. I am happy to assist you.


Based only on the information in your post, you appear to have a federal 3 day right of rescission since the sale was not made at the seller's place of business.

Pursuant to Title 16 of the Code of Federal Regulations, there is a three day right of rescission on a sale, lease, or rental of consumer goods or services with a purchase price of $25 or more, whether under single or multiple contracts, in which the seller or his representative personally solicits the sale, including those in response to or following an invitation by the buyer, and the buyer's agreement or offer to purchase is made at a place other than the place of business of the seller.

You will need to exercise your right of rescission in writing no later than three days after signing. There should be instructions attached to your contract.

I hope that the information which I provided was helpful to you.


Best wishes for a successful outcome. If you have additional questions, please do not hesitate to submit them to me directly.


Thank you,
FLANDNYLAWYER


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THIS IS FOR INFORMATION ONLY. NO ATTORNEY-CLIENT RELATIONSHIP EXISTS. PLEASE CONSULT A LAWYER IN YOUR STATE FOR LEGAL ADVICE

Customer: replied 8 years ago.
Thank you for your quick response! What I should do when the "consultants' show up at 9:00AM today. I'm sure they will want to be reimbursed for their travel expenses (as stated in the agreement). The agreement states an hourly fee plus travel expenses. The problem is that we were pressured yesterday to agree to have them arrive today at 9:00 Am (perhaps trying to beat the rescission time by starting their "services"?). Please give me some idea as to what I should say to them. Also, should I fax a copy of my notice to rescind immediately to the home office in Illinois as well as a certified RR mailing? Any suggestions will be greatly appreciated. I'm a small business owner and in hindsight we cannot afford to do this, particularly in light of the man, many complaints about this company. We did not solcit them, they solicited us with a "cold Call".
Hello,

You should fax the notice of rescission to the home office and mail a copy certified mail.

You can contact the representatives now and instruct them not to come. Or you can give the representatives a copy of the notice to rescind and ask them to leave.

You can pay the company directly at a later date if money is due.

I hope that this information has helped you.


If I can be of assistance in the future, please ask for FLAandNYLawyer.


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THIS IS FOR INFORMATION ONLY. NO ATTORNEY-CLIENT RELATIONSHIP EXISTS. PLEASE CONSULT A LAWYER IN YOUR STATE FOR LEGAL ADVICE



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