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FormerLegalSecy

Right to Cancel?

4 posts in this topic

My state has a 3-day right to cancel certain consumer contracts which I already know about.  It is here:  https://docs.legis.wisconsin.gov/statutes/statutes/423

 

My neighbor invited a home improvement company to his home to give him an estimate on replacing his gutters and installing gutter leaf guards.   He haggled with the guy who was giving him the estimate and negotiated a price somewhat less than what the estimate originally was going to be.  Then he signed a contract to have the work done.  Now he's had a change of heart and wants to cancel the contract.  He said the merchant didn't give him a notice of his right to cancel.

 

I believe that it's because he doesn't have a right to cancel, at least not under the WI law cited above.  He believes its because the merchant is crooked.

 

I could be all wet.  I'm not a lawyer.  But I believe that because my neighbor called the merchant at the merchant's place of business to request an estimate, the fact that the merchant had to come to his home to look at it in order to give the estimate might not necessarily trigger the "right to cancel" because the transaction was not "initiated by face-to-face solicitation away from a regular place of business of the merchant or by mail or telephone solicitation directed to the particular customer."  I don't think the fact that they haggled over the price in the neighbor's driveway changes the fact that it was my neighbor who initiated the transaction by calling the merchant at the merchant's place of business.

 

It would be great if I were wrong.  Am I?

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11 hours ago, FormerLegalSecy said:

It would be great if I were wrong.  Am I?

 

No. Not wrong.

 

With regard to just that WI statute the homeowner does not have a right of rescission.

 

The transaction is not a "consumer approval transaction" as defined by the statute:

 

Quote

 

(a) Is initiated by face-to-face solicitation away from a regular place of business of the merchant or by mail or telephone solicitation directed to the particular customer; and

(b) Is consummated or in which the customer's offer to contract or other writing evidencing the transaction is received by the merchant away from a regular place of business of the merchant and involves the extension of credit or is a cash transaction in which the amount the customer pays exceeds $25.

 

 
The word "and" means that both parts of the definition must exist and part (a) certainly does not since the homeowner is the one that initiated the transaction.
 
 

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