Consumer Law, Warranties Buyer's Remorse

[Bluesky1]

My husband and I had just signed a contract to pay $ 6390.00 to Direct Buy supposedly to get savings on our future purchases on our future bathroom and kitchen renovation this coming summer, but now, I am regretting signing the contract and I want to cancel it and get my money back. Is this possible. They said that I cannot cancel the contract when we were there just this Saturday. Am I stuck with this?

 

[cbg]

Contrary to popular belief, there is no "three-day" law that unilaterally gives you the right to get out of a contract. If the contract does not specifically give you the right to change your mind within x amount of time, then you're stuck.

 

[Bluesky1]

But isn't there anything else that I could do. I looked through the contracts, there was a part which states that I could cancel on before midnight of 3 business days after the date filled in the blank part. But that part was never shown to us and was never filled in.

 

[cbg]

Again, unless the contract specifically states that you can back out within x amount of time, you are stuck. That's what the word contract means.

 

[WebJunkie]

Contrary to popular belief, there is no "three-day" law that unilaterally gives you the right to get out of a contract. If the contract does not specifically give you the right to change your mind within x amount of time, then you're stuck.

cbg,

I'm not refuting what you say, as I have seen you nothing but knowledgable on a wide variety of topics, but I do have something that may have you add qualifying questions to this.

For a while, I worked as a Rainbow (vacuum cleaner) salesman in Michigan. We did have this 3-day rule. I was informed that it was a state requirement. The only thing I am not certain of, is if it was in relation to the purchase of the unit, or in relation to the financing AND purchase of the unit.

Again, I don't know if it was in the specific market or what exactly triggered it, but I was told it was the law that we had to go over that part of the sales receipt and disclose the 3-day renig period.

 

[cbg]

There is a 3-day rule with reference to some sorts of sales, and the ones you describe would seem to fall into it. Certain high-pressure sales do have such a law. I would not be at all surprised that the sales you made were subject to it.

It is, however, not an across the board law for all sales and contracts such as the kind referred to by the OP. It would not apply in her case.

 

[WebJunkie]

CBG,

I can't explain why I got a bug in my bonnet, but I found this:

http://www.dca.ca.gov/publications/legal_guides/k-6.shtml

Discount Buying Services -- three day cancellation period (CC 1812.118).

Looking up the code...

1812.118. Every contract for discount buying services shall further
provide that such contract may be canceled at any time within three
days after the date of receipt by the buyer of a copy of the contract
by written notice to the seller at the address specified in the
contract. If such cancellation is made, all moneys paid pursuant to
the contract shall be refunded. Every contract for discount buying
services shall be subject to the cancellation privileges and comply
with the requirements of Sections 1689.6 and 1689.7 of this code.

It would appear that cali does have this. Granted, I'm not a lawyer, but I can't see Direct Buy not qualifying under "discount buying service".

Again, not trying to one-up you or anything, just, I think everyone can agree we all dislike companies that lie.

 

[cbg]

What does "disliking companies who lie" have to do with the question?

The poster doesn't have to take my word for it. She's free to check with an attorney in her state. And where does she say that's she's in California?

 

[Bluesky1]

To cbg and Web Junkie,

Thanks for both your input. Any information I can get at this time helps a lot.

Bluesky1

 

[jwllaw]

Direct Buy, "Discount Buying Services", CA law

The following is not intended as a legal opinion upon which any reader may rely and shall not be construed as establishing an attorney client relationship with any reader. The comments are general in nature and subject to modification, depending on applicable facts and law.
[/B]
Direct Buy may fit with the definition of a "Discount Buying Service," defined as a legal or natural person who "for a consideration, provides or purports to provide its clients or the clients or members of any other discount buying organization with the ability to purchase goods or services at discount prices." (read Civil Code § 1812.100 and following provisions)

The statutory requirements create a minefield for unwary persons who provide Discount Buying Services. Failure to strictly comply can allow the consumer to avoid the contract and recover almost all fees paid to the company. For instance --

Discount Buying Services must give consumers a 3 Day Notice of Right to Cancel a contract. If the required format does not strictly follow the statutory requirements, the consumer may be able to cancel the contract until and unless the Service complies with the applicable statutes, even though more than three days have passed after signing the contract

Also, During the first year of membership of each member, on the request of the member, the organization must provide a full refund of membership fees, . . .without conditions other than the surrender or destruction of materials that allow the member to access or use the service [ Civ. Code § 1812.101(a)(2)(B)(i).

Hope this helps. JWLLAW

 

[cbg]

Thank you. Did you happen to notice that this thread is a year old?