The 3-Day Right to Cancel a Purchase?

[jen]

My husband and I had a guy come over to talk about pools we signed a contract for a pool and sent a letter to cancel AFTER the 3 days. On our contract it states: You may cancel without penalty or obligation within three business days from the date above. If you cancel, any property traded in, any payments made by you under the contract or sale, and any negotiable instrument executed by you will be returned within 10 business days following receipt by the seller of your cancellation notice, and any security interest arising out of the transaction will be cancelled. To cancel this transaction, mail or deliver a signed and dated copy of the cancellation notice or any other written notice, or send a telegram to: blah blah blah.
But I found on the Texas attorney generals website that states...
If the salesperson provided you with the right forms, to cancel the sale you may simply sign the one titled "notice of cancellation," date it, and mail it back to the seller. To obtain a full refund, you must do this before midnight of the third business day after the sale. Keep a copy of the form.

If the salesperson did not provide a cancellation form, you may still cancel your contract. Because the seller violated the law by not providing the form, you have extra time. But remember, you must cancel in writing. Be sure to keep a copy of the contract and your letter notifying the seller of the cancellation. Of course, the sooner you do this, the better.

Here is the website if you would like to read it all to get better understanding of what it says.

https://www.oag.state.tx.us/consumer/3day.shtml

Would this apply to us since we were not provided a "notice of cancellation" form? I would assume so
I called the attorney generals office but said I would need to contact an attorney or lawyer...

[troyes]

"I called the attorney generals office but said I would need to contact an attorney or lawyer..."

So you came to Yahoo Answers??? LOL!!!..

[caelin]

I'm not going to read the law, that would require interpretation by a lawyer first and perhaps a judge later.

Because you cancelled after the 3 days, you are relying on the law that you say says that if there wasn't a cancellation document provided you have extra time. You don't say what that time is.

If you meet the extra time codicil in the law, your type of contract is actually protected under this law, he actually didn't provide you with a notice of cancellation for, and the notice was in writing, then you should qualify for cancellation without penalty.

The AG is correct, if the firm insists that you go through with the contract, you will have to contact an attorney. It may be cheaper to negotiate a cancellation fee.

[chepito]

And how do you intend to prove that you were not provided with the proper forms? In this case, you can't, and since you have a contract that states the cancellation date, you will not win.

[nickson]

Are you sure they didn't provide you with a cancellation form? Maybe YOU misplaced it.

The burden of proof is on you to prove that they didn't give you a cancellation notice. Since their form letter has a statement about a cancellation notice, it seems to be something they include with the contract.

So, since you have no way to prove they didn't provide you with a cancellation notice, you will be held to the original contract.

[romavia]

While making a company or finalization of the brand or product company should write all of their terms and conditions according to law. If there is any scene like this, then figure out it with the help of their terms and conditions and if the conditions do not match to their statements, then you may take desired action.