CAN YOU GET OUT?
THE 2 DAY COOLING OFF PERIOD - By Gordon R. MacKenzie
An encyclopaedia salesperson comes to your house and sells you $2,000.00
worth of books. Payment is due on delivery in one month. Later,
you realize that your youngest child is starting her second year
of law school and you have no use for encyclopaedias.
You call your daughter to see what you can do. She says the Consumer
Protection Act allows you to get out of a contract made at a place
other than the seller's permanent place of business if the terms
of the contract are not already performed. Relieved, you send the
notice required by the Act within 2 days of receiving your copy
of the contract.
Thinking its going to be pretty handy having a lawyer in the family,
you decide to use your "found" money to buy that new touring motorcycle
you and your spouse have been considering. At your local motor cycle
dealer you find the bike of your dreams. You put down $2,000.00,
arrange financing and ride the bike home.
At home your daughter tells you her part-time job has fallen through.
It looks like she'll need help with next year's tuition. No problem
you say,"I'll just bring back the bike and get my deposit back tomorrow
- I have 2 days after all!"
Your daughter reminds you the 2 day cooling off period does not
apply to a contract made at the seller's usual place of business
or where the obligations are fulfilled. She thinks you might have
some other remedies. She suggests you call a lawyer to be sure.
This article is presented as general information only and is
not to be relied on as legal advice. You should contact your lawyer
to see how the law applies to your circumstances before any action