• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Nullifying a publishing contract: does 3-day "cooling off" apply?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

lgtphil

Junior Member
I'm not sure this is the right forum for this question, but it seemed like the best place, given that my question is about a contract for a business arrangement.

I recently signed a contract to publish a novel with a publishing company, but two days later, for reasons beyond my control, decided that I should not publish my book after all. I immediately contacted the publisher letting them know of my change in circumstances, and they informed me that the 3-day cooling off period does not apply. Is this true? I live in Pennsylvania, but the contract is governed by the laws of Maryland.

Then, when I explained that my decision was due to circumstances beyond my control, they told me that of course in such circumstances, arrangements could be made, but I would have to pay a $299 contract termination fee, to recompense them for time/effort/monies already expended on my behalf. This is a crock! I haven't even sent them a finalized manuscript yet, so they haven't spent any more time on me than it takes to send a few automated emails. Do I have any grounds for contesting this fee, or would I just be wasting my breath and possibly giving them some kind of ammunition for litigation against me?

Any advice is appreciated.What is the name of your state (only U.S. law)?
 


cbg

I'm a Northern Girl
The so-called "3-day cooling off period" applies only in high-pressure sales situations. It is a myth that it applies to all contracts regardless. I can't see that it would apply in this situation. And as far as I know, that's Federal, not state, though I could be wrong about that.

What does the contract say about the termination fee? If it's in there, you're stuck with it.
 

Antigone*

Senior Member
I'm not sure this is the right forum for this question, but it seemed like the best place, given that my question is about a contract for a business arrangement.

I recently signed a contract to publish a novel with a publishing company, but two days later, for reasons beyond my control, decided that I should not publish my book after all. I immediately contacted the publisher letting them know of my change in circumstances, and they informed me that the 3-day cooling off period does not apply. Is this true? I live in Pennsylvania, but the contract is governed by the laws of Maryland.

Then, when I explained that my decision was due to circumstances beyond my control, they told me that of course in such circumstances, arrangements could be made, but I would have to pay a $299 contract termination fee, to recompense them for time/effort/monies already expended on my behalf. This is a crock! I haven't even sent them a finalized manuscript yet, so they haven't spent any more time on me than it takes to send a few automated emails. Do I have any grounds for contesting this fee, or would I just be wasting my breath and possibly giving them some kind of ammunition for litigation against me?

Any advice is appreciated.What is the name of your state (only U.S. law)?
In your case there is no 3-day cooling off period. You had a meeting of the minds and you created a contract. Now if they are willing to give you terms to end that agreement, I'd suggest you take them

Now, if the Kirby vaccuum cleaner guy came to your house, tossed dirt on your rug and you bought his vaccuum, then you'd have the 3-day right of recission.:cool:
 

Zigner

Senior Member, Non-Attorney
If your contract allows for the termination fee, then you're sunk. Refer to your (perfectly valid) contract.
 

BOR_

Member
Consider it a three hundred dollar lesson ; remember this for the future. So, unless they visited your home unannounced , you would be bound by the contract.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top