How long do you have to rescind a contract and get a full refund?

Get Legal Help Today

 Secured with SHA-256 Encryption

How long do you have to rescind a contract and get a full refund?

My daughter bought a wedding gown in NY. Their contract says you can cancel the order, but you will only get a store credit. Does she have any amount of time to rescind the contract and get a full credit rather than a store credit?

Asked on May 23, 2011 under General Practice, Connecticut

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

What you are referring to here is a "right of rescission" or "cooling off period" (typically 3 days).  This is a legal tool which provides consumers with the right to cancel certain contracts that they have entered into.  This right of rescission for contracts is not applied to all cases however, contrary to popular belief.  It only applies to a select few type of transactions.  Typically, for example, door-to-door type unsolicited sales or the purchase of timeshares. And this is not your situation. Consequently, the law doesn't appear to apply to your daughter's case.  Consequently she is bound by the terms of the contract.

 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption