![]() 11 This rescission right is discussed at III below. Any transaction which is subject to rescission (cancellation) by the buyer under the federal Truth in Lending Act is not covered by the Act.Generally, a contract or offer in the amount of $25 or more for the sale, lease, or rental of consumer goods, services, or both, which is made at other than "appropriate trade premises," is a "home solicitation contract." 10 The two most important exceptions to this general rule are: 8 For example, one court has stated that the cancellation provisions would apply to sales made at a swap meet, or in an airplane. 7 The Act therefore applies to any place where the seller normally conducts business. However, the Act's right to cancel is present when the contract or offer is made anywhere other than the seller's place of business. ![]() The Home Solicitation Sales Act ("Act") most commonly applies to sales made in the consumer's home. "Appropriate trade premises" means the place where the seller or owner normally carries on his or her business, or where goods normally are offered for sale in the course of a business that is carried on at those premises. The homeowner's rights to cancel under the California provisions are in addition to other rights the homeowner may have to cancel the transaction.(See part V, below) 5Ī home improvement contract, and almost any other consumer transaction involving $25 or more, which takes place in the buyer's home or away from "appropriate trade premises," can be canceled by the buyer, without giving a reason, and without penalty or obligation, within three business days after the buyer signs the contract. It is helpful for a homeowner to understand these rights and limits, before he or she enters into a contract with a contractor or attempts to cancel the contract. While the homeowner's cancellation rights under these provisions are broad, each law contains important exceptions and limitations.
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