Recision Law

[bandit66]

What is the name of your state? California I purchased some art work aboard a cruise ship signing the sales slip on Nov 17 and returned home on Nov 18 changing my mind regarding the purchase and sent them a fax message rescinding the purchase, mailing the hard copy the same day. The fax number was taken off of the invoice I was given. After not getting a response I called their main office inquiring about the fax and was told they did not receive it nor did they receive the mailed copy and was given another fax number which I promptly tried to fax but the line was continually busy called back and the young lady said their fax machine is busy all day and to wait until it was 6;00 oclock PST to fax well line was still busy. I called the next day not giving my name but asking for their fax number and it was 1 digit different than the one I was given the document was then faxxed. I received no reply regarding the fax but what I did receive on 12/4/02 were two tubes of art work. What now is my remedy?

 

[I AM ALWAYS LIABLE]

What is the name of your state? California I purchased some art work aboard a cruise ship signing the sales slip on Nov 17 and returned home on Nov 18 changing my mind regarding the purchase and sent them a fax message rescinding the purchase, mailing the hard copy the same day. The fax number was taken off of the invoice I was given. After not getting a response I called their main office inquiring about the fax and was told they did not receive it nor did they receive the mailed copy and was given another fax number which I promptly tried to fax but the line was continually busy called back and the young lady said their fax machine is busy all day and to wait until it was 6;00 oclock PST to fax well line was still busy. I called the next day not giving my name but asking for their fax number and it was 1 digit different than the one I was given the document was then faxxed. I received no reply regarding the fax but what I did receive on 12/4/02 were two tubes of art work. What now is my remedy?

======================================

My response:

First, you have no remedy under California law. This was not a "Home Solicitation" contract, so you have no 3-day right of rescission under California law; i.e., they didn't come to your home to sell you the artwork - - you went to them, albeit their "office" was on a cruise ship.

IAAL

 

[bandit66]

Recision answer

ALWAYS LIABLE
Thank you for your reply, I wasn't sure about my footing, but thanks to you I now am. Oh well life in the fast lane. Thanks again.
bandit66

 

[I AM ALWAYS LIABLE]

My further response:

For your own future edification, and for those who will be reading this thread, the following is the law of "Home Solicitation" contracts in California - -

Generally, the buyer's notice of cancellation is effective when it is deposited in the mail with the properaddress and postage. The buyer should note the exactdate, time and place of mailing on the retained copy.AAutomobile Sales and Leases.

There is no statutory cancellation period for automobile sales or leases.

Credit Repair Services -- five day cancellation period(CC 1789.16).

Dance Studio Services -- six month cancellation period (CC 1812.54(b)(1)).

Dating Services -- three business day cancellation period (CC 1694.1).

Dental Services Contract -- three business day cancellation period (CC 1689.3).

Discount Buying Services -- three day cancellation period (CC 1812.118).

Door-to-Door Sales -- three business day cancellation period (CC 1689.5).

Electric Service Contract -- three business day cancellation period (PUC 395).

Employment Counseling Services -- three business day cancellation period (CC1812.511(a)(6)).

Endless Chain Scheme - indefinite cancellation period when scheme is unlawful under PC 327(CC 1689.2).

Funeral Contracts (pre-need) -- indefinite cancellation period (B&P 7737).

Health Studio Services -- three business day cancellation period (CC 1812.85(b)).

Home Equity Sale During Foreclosure -- five business day cancellation period (CC 1695.4).

Home Repair or Restoration Contracts Following a Disaster -- seven business day cancellation period (unless contract is automatically void)(CC 1689.6(c)).

Home-Secured Transactions -- three day cancellation period (12 CFR 226.23).

Home Solicitation Sales -- three business day cancellation period (CC 1689.5).

Home Study or Correspondence Vocational School Courses -- eight business day cancellation period (Ed. Code 94822, 94867(a)(2)).

Immigration Consultant Services -- three day cancellation period (B&P 22442(e)).

Internet Sales (when order has not been filled) --30 day cancellation period (B&P 17538(a)).

Job Listing Services -- three business day cancellation period (CC 1812.516(a)).

Legal Document Assistant -- one day cancellation period (B&P 6410(e)).

Mail/Telephone Sales (when order has not been filled) -- 30 day cancellation period (B&P 17538(a),16 CFR Part 435).

Membership Camping Contracts if buyer visits site -- three business day cancellation period (CC 1812.303). If buyer does not visit site -- 10 business day cancellation period (CC 1812.304).

Mortgage Foreclosure Consultant Services -- three business day cancellation period (CC 2945.3).

Personal Emergency Response Unit -- seven business day cancellation period (CC 1689.6(b)).

Real Estate Transfer -- delayed or materiallyamended Transfer Disclosure Statement -- three day (statement delivered personally) or five day (statement delivered by mail) cancellation period(CC 1102.3).

Seller Assisted Marketing Plans -- three business day cancellation period (CC 1812.209).

Seminar Sales -- three business day cancellation period (CC 1689.20).

Service Contracts For used cars, home appliances, and home electronic products -- 30 day cancellation period (CC1794.41(a)(4)(A)).

For new motor vehicles -- 60 daycancellation period (CC 1794.41(a)(4)(A)).

For any type of goods, pro-rata refundless penalty -- indefinite cancellation period (CC 1794.41(a)(4)(B)).

Subdivided Land Sales -- 14 day cancellation period (B&P 11028).

Telephone Sales (when order has not been filled) --30 day cancellation period (B&P 17538(a), 16CFR Part 435).

Timeshares - three day cancellation period (B&P 11024).

Unlawful Detainer Assistants -- one day cancellation period (B&P 6410(e)).

Vocational School Courses -- five business day cancellation period (Ed. Code 94867(a)(1),94868).

Water Treatment Devices -- three business day cancellation period (B&P 17577.3).

Weight-loss Services -- three business day cancellation period (CC 1694.6).

The consumer may also have other cancellation rights. Almost any consumer contract entered into in a consumer's home (or somewhere other than the seller's place of business) can be canceled by sending a written notice of cancellation to the seller by midnight of the third business day after the consumer signed the contract. The contract must be for consumer goods costing $25 or more. (CC §§ 1689-1689.12.)

IAAL

 

[dealersucker]

Suckered by dealer

Maryland

My son and I went to purchase a truck and were told one thing and ended up signing something entirely different. I went back to the dealer the very next day (Sunday) and discussed the situation with the sales manager, however I was told that the sales manager which conducted the deal would have to call me back the next day. No response, after numerous calls and messages (one of which was to drop the truck off if I did not hear from him by 5:00 pm). He finally called on Wednesday afternoon.

Situation:
Our recollection: Preliminary offer from dealer $18,488. We told the sales manager we only wanted to finance a maximum of $15,500. He came back with $16,207 after rebate, plus taxes, tags and freight minus down payment $2,500. Which would roughly be financing $15,500.

Dealers recollection: $16,207 after rebate, plus taxes, tags and freight plus down payment of $2,500.

My questions since when do you add in a down payment?

They refuse to budge and I would like to return the vehicle, but they say they will have the vehicle towed back to my residence.

The paperwork which we did sign, however the dealership was closing and we felt pressured to finalize the deal. The finance person stated that they would rerun the credit and most likely have us come back in to redo the contracts. Which guess what - she never called. I doubt that she even tried.

After looking over the contracts, I found several innacuracies. The down payment is stated wrong and they are charging us for something that we were told was free and advertised for free.

My son if very happy with the vehicle, and I realize we never should have signed the documents without further explanation, but I do not like it when people are so dishonest and manipulative.

What are my options.

 

[I AM ALWAYS LIABLE]

Dealersucker:

I don't believe you understand how these forums work. While it's good that you're reading other threads with other people's situations so, perhaps, you can learn various concepts of law, at the same time though, if you have your own problem, then please, don't write your problem on someone else's thread. Start your own thread. So, copy your post, above (so you don't have to re-write it) and then find the proper forum, and open a new thread, and then past into that new thread.

Thank you for your cooperation.

IAAL

 

[dealersucker]

Sorry - didn't realize. My first time using this forum.

T