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Question

I signed a contract for a Direct Buy club a couple days a go. Isn't there a law that I have 3 days or so to change my mind-- or am I stuck?

Submitted: 17 days and 15 hours ago.
Category: Legal
Value: $38
Status: CLOSED
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Optional Information

State/Country relating to Question: New York

Already Tried:
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Posted by Tina G, BBA, JD 17 days and 15 hours ago.

Info Request

Thank you for contacting our JA team for guidance.

Did it involve door to door sales in any way? Did you go to the company's place of business?




NOTE: Sometimes we receive your question before we receive your additional "optional information". If my response does not appear to consider your optional information, please let me know as I was probably not able to view it when your question was first received.

17 days and 15 hours ago.

Reply

 

I was invited to their store for a preview of their product. I was impressed wwith the discount prices on things I needed for my house, however ---I now realize that the membership cost is so high that I won't have the money I need to buy what I want for a long time.

I am a 75 year old women and don't usually do things like this before discussing thing s with my children. However this was a decide right now thing with no other chance to join later.

Accepted Answer

I see. This is such a sad situation for which there is no cooling off period. I realize they use high pressure sales tactics, but the state and federal government have not yet passed laws allowing you to think about it and rescind the contract. Such laws only apply to door to door sales in NY and some timeshare contracts.

Since you went to their place of business, you do not have the ability to terminate the contract unless there is language in the contract itself allowing you to do so.

However, due to your age and the high pressure nature of the sales tactics, I would still contact them an inform them that you are terminating the contract. If they resist, file a complaint with the BBB and the state consumer protection agency.

If they care at all about their reputation, they will want to resolve the matter in your favor to remove the negative reports from their record. Another option is to retain an attorney to draft a demand letter that they allow you to rescind the contract under the circumstances.

Please let me know if you need additional information.


Best regards to you,

TG

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Expert: Tina G, BBA, JD
Pos. Feedback: 99.1 %
Accepts: 
Answered: 11/5/2009

Lawyer.

licensed attorney for 12 years including employment, business, contract, domestic, and general civil

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