Your 3 Day Right to Cancel Contracts for Home Improvement, Home Solicitation Contracts, and Refinancing Contracts

New York has specific laws designed to protect consumers from high-pressure sales tactics, especially in the context of home solicitation sales. These laws provide a cooling-off period during which consumers can cancel contracts made at their home or away from a seller's permanent place of business.

New York Cooling-Off Rule:

• Statute: The regulations regarding the right to cancel home solicitation sales in New York are outlined in the General Business Law, Article 10-A, Sections 770-775, commonly referred to as the "Door-to-Door Sales Protection Law."

• Scope: This law applies to sales of goods or services that are made at a buyer's residence or at a location that is not the seller's permanent place of business, including sales made at temporary locations. It's designed to protect consumers who may be subjected to high-pressure sales tactics outside of a traditional retail environment.

• Cooling-Off Period: New York law provides consumers with a three-business-day cooling-off period from the date of the purchase or the date the consumer receives a fully executed copy of the contract, whichever occurs later. During this period, consumers have the right to 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 transaction. This notice must be attached to the contract or receipt at the time of sale and must include a form that the buyer can use to cancel the contract. The law specifies that the notice and cancellation form must be in duplicate and in a form that the consumer can easily detach and send.

• Cancellation Process: To cancel a contract under these provisions, the consumer must send the cancellation form or another written notice of cancellation to the address specified in the contract. The cancellation must be sent within the three-business-day period, and it's advisable to use a method that provides proof of sending, such as certified mail.

How to Use This Right:

If you're a New York resident and have entered into a contract during a home solicitation sale:

• Ensure you receive the notice of your right to cancel, which should be clearly provided at the time of sale.
• If you decide to cancel the contract, fill out the cancellation form or write a notice of cancellation. Send it to the seller's provided address within the three-business-day period.
• Consider using a method of mailing that allows you to confirm when the notice was sent and received, like certified mail or a service that provides tracking.

Additional Considerations:

• Additional Protections: New York also provides specific protections under other sections of the General Business Law for certain types of home improvement contracts and other consumer transactions, which may offer additional rights beyond the cooling-off period.
• Enforcement and Assistance: The New York State Attorney General's Office, through its Consumer Frauds and Protection Bureau, offers resources and assistance for consumers who may have issues with home solicitation sales or need to understand their rights better under New York law.

For specific advice or if disputes arise related to a home solicitation sale, consulting with a legal professional or reaching out to the New York State Attorney General’s Office can provide guidance tailored to your situation. This can be particularly useful for understanding the nuances of New York's laws and ensuring that your rights as a consumer are fully protected.