Consumer Law, Warranties Cancellation of Transaction (Contract)

[usernova424]

Jurisdiction

Kentucky

I made a purchase on 10/26/16 that I have now changed my mind about. I signed a contract (from the financing option) with a buyer's right to cancel that states:


"You may CANCEL this transaction, without any penalty or obligation, within THREE BUSINESS DAYS from the above date."


The date of sale listed on the financing contract is 10/26/16. I expect the last day to cancel the transaction would be on 10/31/16; however, in another part of the paperwork (the actual sales receipt), the last date to return the purchase is listed as 10/29/16. That would be today, Saturday. The sales receipt also states the same exact message from the financing contract.


1. I plan to notify the seller of my wish to cancel the purchase later today. So which date am I actually bound by contract to cancel this transaction?


2. Both of these documents state that I must mail, deliver, or telegram my notice of cancellation within three business days. If I am unable to get in touch with this seller, what can I do to protect myself? Is there some type of documentation I can do on my own? (I foresee this cancellation not going very smoothly.)

 

[adjusterjack]

1. I plan to notify the seller of my wish to cancel the purchase later today. So which date am I actually bound by contract to cancel this transaction?

"Business day" is generally defined as Monday through Friday, 9 AM to 5 PM, but might differ for a variety of reasons.

While you might be legally right that Monday is the deadline, in reality being right doesn't mean you automatically avoid trouble.

Added to your issue is the receipt that gives you a deadline of 10/29.

Word to the wise: Get it done today 10/29, especially if the business has some of your money.

2. Both of these documents state that I must mail, deliver, or telegram my notice of cancellation within three business days. If I am unable to get in touch with this seller, what can I do to protect myself? Is there some type of documentation I can do on my own? (I foresee this cancellation not going very smoothly.)

Never mind the "ifs", do what you gotta do to get it cancelled today. Bring a letter, keep a duplicate. Since you expect trouble, bring a witness who can video the contents of the letter and it's delivery and who would be willing to testify in court as to the delivery.

I also suggest you mail a copy by going to the post office this morning, sending it priority mail with tracking and delivery confirmation. Not signature, just delivery - people tend to duck signature requirements as bad news. Keep your receipt as evidence of the date mailed.

Doubling up on the notice will give you more protection in the event the business denies that you cancelled on time.

 

[Disabled Vet]

call and take a letter to the post office...... It should be stamped with Saturday date. I would send the letter certified so you have a receipt of mailing.