Many states have laws (statutes) that allow a consumer to cancel a contract or sale made at the consumer’s home, at the home of another person (at an in-home sales party), or at another place that is not the seller’s permanent place of business. A consumer’s right to cancel such a home-solicitation contract is also known as a right to rescind the contract, or a cooling-off rule, and is based on the belief that a consumer is more vulnerable to high pressure sales tactics in such settings, as it is more difficult for the consumer to walk away from the salesperson.
Such buyer’s remorse laws governing a consumer’s right to cancel a sales contract vary from state to state, but the seller generally must give a copy of the contract to the consumer at the time the contract is signed, and it must include a written statement of the consumer’s right to cancel and the proper means of giving the seller notice of the cancellation of the contract.
Under some state laws a consumer does not have the right to cancel such a contract if the consumer requests the seller provide the goods or services without delay in an emergency situation—to protect the health, safety, or welfare of persons, or to prevent damage to the consumer’s property.
The Federal Trade Commission (FTC) also has a cooling-off rule that gives consumers the right to cancel a sale within three days if the sale was made at someone’s home or workplace, or at a seller’s temporary location, such as a hotel room, convention center, fairground, or restaurant. Under the FTC’s Cooling-Off Rule, a seller must inform a consumer of the consumer’s right to cancel at the time of sale, and must give the consumer two copies of a cancellation form and a copy of the contract or receipt. The consumer’s right to cancel for a full refund extends until midnight of the third business day after the sale. The consumer does not have to give a reason for canceling the purchase. There are exceptions to the FTC’s Cooling-Off Rule.
In Pennsylvania, consumers have the right to cancel certain home-solicitation contracts, which is a reflection of the 'cooling-off rule.' This rule is designed to protect consumers from high-pressure sales tactics that may occur in non-commercial settings such as their own home or someone else's home. When a contract is signed in such settings, the seller is required to provide the consumer with a copy of the contract, which must include a written statement of the consumer's right to cancel, along with instructions on how to notify the seller of the cancellation. The cancellation period typically allows the consumer to rescind the contract within a specified time frame, which is often three business days. However, this right to cancel may not apply in emergency situations where the consumer has requested immediate goods or services to protect health, safety, or property. Additionally, the Federal Trade Commission's (FTC) Cooling-Off Rule provides similar protections on a federal level, allowing consumers to cancel sales made at home, workplace, or temporary locations within three days for a full refund, with certain exceptions. Sellers must inform consumers of this right and provide the necessary cancellation forms at the time of sale.