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Dimitry Esquire
Dimitry Esquire, Attorney
Category: Consumer Protection Law
Satisfied Customers: 41221
Experience:  Licensed in PA & NJ, Experienced attorney.
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On Friday about 4:30 PM I inquired about a home warrantee service

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On Friday about 4:30 PM I inquired about a home warrantee service (Choice Home Warrantee). I agreed to use their service and gave them my credit card number. They said they would send me a hard copy contract/agreement within two weeks to insure that nothing was broken which they would be responsible for at this time and the agreement would go into effect in one month. The price was 41.67 a month. I would be responsible for a $45 copay when the service man came to fix the problem. About an hour later I finally was able to read the terms of the agreement on the internet and was displeased with all the exclusions so I tried to call them back and cancel the agreement.
In addition the copay said $60 instead of the 45 as told to me on the phone. They said the billing dept. closed at 5:00. I immediately looked at my credit card and it had already been submitted even though the service agreement would not go into effect until August 19th. I called the cc company and they said to call the company Monday and tell them to send them a credit. If they do not then it would have to be resolved with a lot of paperwork since they cannot just refuse to pay. It would be 41.67 per month for a year.
Submitted: 3 years ago.
Category: Consumer Protection Law
Expert:  Dimitry Esquire replied 3 years ago.

Thank you for your question. Please permit me to assist you with your concerns.

Please do not worry, in this situation Florida law is on your side. In Florida, if you contract for services to be rendered in the future on a continuing basis, you are entitled to a three day cooling-off period. The 3 day cooling off period is 3 business days, not 3 calendar days. That means that you need to simply call them money, state that you are formally canceling the terms as per Florida law, and request a reversal of charges. They would not be able to demand or pursue further charges or they would be in violation.

Good luck.

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Customer: replied 3 years ago.


Can you give me the legal statute to confirm the Florida Law that confirms the answer that I have three business days to cancel this order. Thank you very much.

Expert:  Dimitry Esquire replied 3 years ago.


I would be happy to provide that for you. First, please go to the Florida Attorney General's website that confirms my initial response to you:!OpenDocument

Here is the statute:

520.72 Cancellation of contract.Every home improvement finance seller or home improvement seller shall furnish to the buyer a notice of the right to rescind the contract. Either party to a home improvement contract may cancel the contract by the exercise of the right to rescind until midnight of the third business day following the execution of the contract by giving notice to the other party by either certified mail or registered mail. The party invoking this section is not liable to the other for any damages incurred by cancellation under this section.
History.s. 1, ch. 69-44; s. 1, ch. 70-149; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 21, ch. 80-256; s. 2, ch. 81-318; s. 7, ch. 83-123; s. 23, ch. 87-91; ss. 23, 35, 36, ch. 90-103; s. 4, ch. 91-429.

Good luck.
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