I recently entered into a contract for the construction of a shed with a contractor. The contract was signed at my home. At the time, the price seemed fair but after asking around I found out that the contractor is known to overcharge for the work he performs. I would like to cancel the contract. Do I have a right to cancel it?
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Answer: (1)
Federal and state law govern
Federal and state law govern contracts for the performance of construction work. A consumer has the right to cancel a contract under certain circumstances. The Federal Trade Commission (FTC) provides that a cooling-off period applies to sales or service contracts amounting to more than $25. The contract must be entered into in the consumer’s home or any other place that is not the seller’s permanent place of business. The FTC rules do not displace state laws except where in conflict.
The law is intended to protect the consumer from high-pressure sales tactics. The consumer may cancel the contract within three business days. A contractor must provide the consumer with a copy of the contract, a cancellation form, and information about the right to cancel. A consumer that decides to cancel must do so in writing and it must be postmarked by midnight of the third business day. If more than three days have passed, it is best to consult with legal counsel. Every state and locality has different laws regarding the right to cancel.
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Posted by Jess Mcelrath on 18 Feb 2010