Legal Question in Business Law in California

Cancellation of Advertising Contract within 3 business days in California?

I have small business in CA, and my representative signed on contract to advertise in Safeway for 12months; it was against my request to give me more time to consider. There is written Non-Cancellable and Non-refundable in the contract. Within 3 business days I requested cancellation because the contract misrepresents my willingness.

But the advertising company keeps it non-cancellable and non-refundable, and persists that I have to advertise. They already charged my credit card.

I really don't want to advertise in Safeway.

My Question ; Do I have the right to cancell the contract within3 business days? Can do they put me in collections for 12months?

Please help me with this. Any input will be appreciated.


Asked on 2/27/17, 6:33 pm

1 Answer from Attorneys

There is no "cooling off period" for commercial contracts in California. You have no right to back out of a valid contract once it is entered into. However, that does not mean you can't cancel it. It's just that cancelling will be a breach of contract. Doesn't sound like much of a difference, but it is. They can only charge you for their lost profits on the contract, not the full contract amount. There would be costs to them to fulfil the contract if you went ahead with it. They can't collect for that when they don't provide the services agreed after you breach the contract.

So the thing to do is 1. give them formal official notice that you are cancelling the contract, because your representative was supposed to give you time to consider before signing. 2. Let them know that you know they can't charge you the full price, only the contract amount, less what it would have cost them to perform their obligations under the contract. 3. Let them know you are willing to agree on a reasonable amount for cancelling. 4. Dispute the credit card charge.

You also theoretically have an excuse to cancel the contract for free if your representative was not authorized to enter into it. However, the other party would have to know that or have reason to suspect it. So if your representative was authorized to enter into contracts for you, and the company had no reason to know he or she was supposed to give you time to think about it, you are still in breach if you cancel. Still, that may be a bargaining point, so don't automatically concede that your representative was authorized.

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Answered on 2/27/17, 7:02 pm


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