Legal Question in Consumer Law in California

Can contract be cancelled if goods not received yet?

Recently my husband and I signed a contract for durable goods with a 3 day cancellation notification. Since then, we've decided this purchase (and their manner of business) is not in our best interest and would like to cancel. We've yet to receive the goods and it is now over a week since we've signed. Can we still cancel because we do not have the items? And if the items do come, can we refuse to receive the items and still be without obligation?


Asked on 7/20/02, 10:07 am

1 Answer from Attorneys
Alvin Tenner Law Office of Alvin G. Tenner

Re: Can contract be cancelled if goods not received yet?

Since the 3 day period has passed, you have lost this option. However, if the contract says when the goods are to be delivered and they have not arrived, then you can cancel. If no date, then a reasonable period is allowed for delivery. What is reasonable, depends on the type of goods bought.

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Answered on 7/20/02, 12:07 pm


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