Is there any way out of having sign a 3-day right to cancel waiver if I did not request it and if I was sick the day it was signed and under duress?
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Is there any way out of having sign a 3-day right to cancel waiver if I did not request it and if I was sick the day it was signed and under duress?
The salesman even told me what to write it. It was not my idea as there was no emergency requiring the work be done immediately. Now that the works done am I stuck? Also, if a bait and switch tactic was used by the same company to get into my home to make a sale only, what is my recourse? This same company seems to have done the work without having the permit first, does this breach the contract? What are my options in this case? .
Asked on May 26, 2013 under General Practice, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
What you describe as "duress" is NOT duress under the law: simply being pressured to sign something, or having terms dictated to you, is not duress, since the law presumes that adults are responsible for their own decisions and agree to anything they sign. ("Duress" is the application of illegal pressure: threats of violence, of blackmail, of prosecution, etc.) Being sick also has no bearing unless you were so sick in such a way as to literally not know what you were doing, and thus were mentally incompetent that day (i.e. delirious, only semi-conscious, etc.). If the company knowingly lied to you before you agreed to the transaction--the "bait and switch" you refer to--that knowing misrepresentation, however, may give you the right to rescind the transaction and/or seek monetary compensation. If you believe this was the case, you should consult with an attorney to explore you options.
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