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do you have 3 days to change you mind?

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becky huber

Junior Member
What is the name of your state? washington

a friend paid too much for a mobile home and the next day she asked the real estate agent for her check and he told her too late and has not returned her call in 24 hrs tomorrow is 3day. does she have any rights?
 


JETX

Senior Member
Some states provide a consumer with the right to 'rescind' an agreement within 72 hours for some contracts. It appears that in Washington state, a contract to purchase a mobile home is not one of them. For more on this, go to: http://www.wa.gov/ago/consumer/cancel.shtml

However, there are two separate federal provisions that might apply. The "Homeowners Protection Act of 1998" provides a homowner with a three day right to cancel. And a quick review of that Act shows that it would include a mobile home purchase if done as your primary residence.
"The Act applies primarily to “residential mortgage transactions,” defined as mortgage loan transactions consummated on or after July 29, 1999, the purpose of which is to finance the
acquisition, initial construction or refinancing of a single-family dwelling that serves as a borrower’s primary residence. The Act also includes provisions for annual written disclosures for “residential mortgages,” defined as mortgages, loans or other evidences of a security interest created with respect to a single-family dwelling that is the primary residence of the
borrower. A condominium, townhouse, cooperative or mobile home is considered to be a single-family dwelling covered by the Act."

There is also a federal provision called the "Cooling Off Rule" (actually its complete name and citation are: "Rule Concerning Cooling-Off Period for Sales Made at Homes or at Certain Other Locations; 16 CFR Part 429."). The rule "applies to sales at the buyer's home, workplace or dormitory, or at facilities rented by the seller on a temporary or short-term basis, such as hotel or motel rooms, convention centers, fairgrounds and restaurants. The Cooling-Off Rule applies even when you invite the salesperson to make a presentation in your home."

Finally, any of these possible 'contract cancellations' require that the buyer notify the seller IN WRITING within 72 hours of the purchase. I strongly suggest that your 'friend' give the required WRITTEN notice within the allowed time..... and then later confirm the right to cancel. Get proof of delivery or note the date, time and name of the person at the sellers location who it was hand-delivered to.
And naturally, keep COPIES.
 

Jeter

Member
Did the conversation go something like this???:

She called the consumer… the uh… the uh, attorney, umm, I don’t know, the attorney general? They said we have three days.

Who’d she call????

The attorney gen… uh, it was some consumer office.

Why’d she do that, Jim??

I don’t know? No, but they said we have three days. They said we got three days, you know.

Three days?

To, you know.

No, I don’t know. Tell me.

Well, too change our minds.

Of course you have. Three days.

Well, so we can’t talk Monday.

Monday, you saw my book? Jim. Jim. I can’t. You saw my book. I can’t.

Yeah, but we have to before Monday to get our money back.

Three BUSINESS days, they mean. Three BUSINESS days.

Yeah, Wednesday, Thursday, Friday.

I don’t understand.

That’s what they are, they’re three business d(ays), if we wait till Monday my time limit runs out.

You don’t count Saturday.

I’m not.

No, I'm saying… you don’t include Saturday the three days. It’s not a business day.

Yeah, I am not… counting it!! Wednesday, Thursday, Friday, so it would have elapsed!!!!

What would have elapsed?

IF WE WAIT TILL MONDAY IT WOULD HAVE ELAPSED!!!

When did you write the check?

Yesterday.

What was yesterday?

Tuesday.

And when was that check cashed?

I don’t know?

Now what was the earliest that it could have been cashed?

I don’t know?

Today? Today? Which in any case it was not as there was something on the agreement I wanted to go over with you, in any case.

It wasn’t cashed?

I just phoned downtown... It’s on their desk.
One point in fact of which of which I spoke to you of which, I can’t talk to you about it here. Now listen to me, listen to me. The statute is for your protection. I have no complaint with that. In fact I was a member of the board when we drafted it. So quite the opposite. It says: You can change your mind three WORKING days from the time the deal was closed. Which is not until the check is cashed.

It’s not me, it’s my wife.

What is it?

I told ya.

Tell me again.

What’s goin' on here?

Tell me again. Your wife…

I told you, she’s…

Tell me again.

Well, she, she wants the money back.

Yeah, well, we’re gonna speak to her.

No. No she told me right now.

Well we’re gonna speak to her, Jim.

No, she won’t listen.

She won’t…

She said if I, if I don’t get my money back I have to call the state’s attorney.

No, no, this is something she said. We don’t have to do that.

No. No. She told me I have to.

No, no, Jim.

I do. I do. Listen, I do. If I don’t get my money back…I can’t negotiate.

What does that mean?

Well, uh…

What? What, say the words.

I don’t have the power... I said.

What power?

To negotiate.

To negotiate what? To negotiate what?

This.

What this?

The deal.

The deal? Forget the deal, Jim. You got something on your mind. What is it? What?

I can’t talk to you. You met my wife, right.

What? I met your wife, what? What, Jim? Come on let’s go. Let’s go. Let’s go get a drink. Come on.

No. She told me not to talk to you.

Oh come on we’re gonna go around the corner, huh, we’re gonna have a drink. Who’s gonna know that…

She told me I have to get the check back otherwise I call the…

Forget the deal Jimmy. Forget the deal. The deal is dead. You know me. The deal’s dead. Am I talking about the deal? That’s over. Please, let’s talk about you.

I’m gonna tell you something. Your life is your own. You have a contract with your wife. You have certain things you do jointly. You bond there. And there are other things. And those things are yours. And you needn’t feel ashamed. You needn’t feel that you’re being untrue or that she would abandon you if she knew. This is your life. Yes? Now I want to talk to you because you’re obviously upset and that concerns me. Now let’s go, come on, right now. Let's go. Come on.


-Excerpt from Glengary Glen Ross
 
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