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InformationForYou, Attorney
Category: Legal
Satisfied Customers: 1956
Experience:  18 yrs trial attorney, professor of criminal law and ethics
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From Hampton Virginia: I purchased a membership fee in direct buy: a three year membership

Customer Question

From Hampton Virginia: I purchased a membership fee in direct buy: a three year membership agreement to be able to purchase goods at manufacturers' prices. Do I have a grace period to cancel the membership?
Submitted: 5 years ago.
Category: Legal
Expert:  InformationForYou replied 5 years ago.

InformationForYou :

You may have 3 days to cancel...

InformationForYou :

but you have to deliver it IN PERSON where you bought it from.

JACUSTOMER-g2af1q1u- :

That wasn't much of an answer: there is not a cancellation clause in the
membership agreement that I signed: it only says cancellable provided by
applicable law. What law?

InformationForYou :

The only option - and this is why I said "may" have 3 days to cancel is this:

InformationForYou :

VA has the Virginia Consumer Protection Act (VCPA) which is "applied as remedial legislation to promote fair and ethical standards of dealings between suppliers and the consuming public." Under this, a consumer (someone who buys, like you), can cancel a home solicitation sale until midnight of the third business day after the day on which the consumer signs an agreement or offer to purchase. However, if a consumer gives the seller a request, signed by the consumer and dated, that the seller provide the goods or merchandise without delay because of an emergency and the seller makes substantial good faith performance, then the consumer's three-day right to cancel the contract will not apply. All other waivers of the consumer's right to cancel the contract are void. The seller is not entitled to compensation if there has been a proper cancellation.

InformationForYou :

The issue in your case is if this would fall under the VCPA as a home solicitation sale.

InformationForYou :

59.1-21.2. Definitions.

A. "Home solicitation sale" means:

1. A consumer sale or lease of goods or services in which the seller or a person acting for him engages (i) in a personal solicitation of the sale or lease or (ii) in a solicitation of the sale or lease by telephonic or other electronic means at any residence other than that of the seller; and

2. The buyer's agreement or offer to purchase or lease is there given to the seller or a person acting for him.

B. 1. "Home solicitation sale" shall not mean a consumer sale or lease of farm equipment.

2. It does not include cash sales of less than twenty-five dollars, a sale or lease made pursuant to a preexisting revolving charge account, or a sale or lease made pursuant to prior negotiations between the parties.

C. As used in this chapter, "goods" means tangible personal property and also includes a merchandise certificate whereby a writing is issued by the seller which is not redeemable in cash and is usable in lieu of cash in exchange for goods or services; "seller" means seller or lessor and "buyer" means buyer or lessee.

(1970, c. 668; 1972, c. 448; 1975, c. 217; 1986, c. 577.)

So depending on how you were solicited, it might be a "home solicitation" and if so, under VA law, you have 3 days to concel.

InformationForYou :


InformationForYou :

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