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North Carolina provides consumer protection through various statutes that include the right to cancel contracts made during home solicitation sales. These laws aim to protect consumers from high-pressure sales tactics by allowing them a period to reconsider their purchase decisions made at home or away from a seller's permanent business location.

North Carolina Cooling-Off Rule:

  • Statute: The right to cancel home solicitation sales in North Carolina is governed by the North Carolina General Statutes (N.C.G.S.) under sections related to home solicitation sales, specifically N.C.G.S. § 66-97 and following. These laws align with the Federal Trade Commission's (FTC) Cooling-Off Rule, providing similar protections at the state level.

  • Scope: North Carolina's statutes apply to sales or agreements made at a location other than the seller’s permanent place of business, such as the consumer's home, or at facilities rented by the seller on a temporary or short-term basis. This includes goods and services intended for personal, family, or household purposes.

  • Cooling-Off Period: The law provides consumers with a three-business-day cooling-off period from the date of the purchase or the date the buyer receives a signed copy of the contract, whichever is later. During this time, consumers can cancel the contract for any reason without penalty.

  • Notice Requirement: Sellers are required to provide buyers with a clear and conspicuous written notice of their right to cancel the contract at the time of the sale. This notice must include instructions on how to cancel and must be in a form that the buyer can retain, including a duplicate notice of cancellation form that the buyer can send if they decide to cancel.

  • Cancellation Process: To cancel a contract, the consumer must send a written notice of cancellation to the seller at the address specified in the notice. The cancellation must be sent within the three-business-day period. It's recommended to use a method that provides proof of delivery, such as certified mail.

How to Use This Right:

If you're a North Carolina resident and have entered into a home solicitation contract:

  • Ensure that you receive the required notice of your right to cancel, including the cancellation form.
  • If you decide to cancel within the cooling-off period, complete the cancellation form or write a notice of cancellation and send it to the seller's provided address.
  • Consider using certified mail or another trackable method to provide proof of when the cancellation notice was sent and received.

Additional Considerations:

  • Enforcement and Assistance: The North Carolina Attorney General’s Office, through the Consumer Protection Division, provides assistance to consumers who have issues with home solicitation sales, including disputes about the right to cancel.
  • Contract Requirements: For certain types of sales, including home improvement, there may be additional requirements regarding the content of the contract, disclosures, and other consumer protections.

For specific advice or if disputes arise from a home solicitation sale, consulting with a legal professional or contacting the North Carolina Attorney General’s Consumer Protection Division can provide guidance tailored to your situation. This office can also help if there are complaints about a seller's failure to honor the cooling-off period or other consumer rights.


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Jurisdictional relevance:

There are versions of this article for each State.