Legal Question in Consumer Law in California

right of rescission
Can a retail store retain $75.00 of a down payment for a
purchase when the sale was cancelled one hour after it
was made? The sales receipt does state there will be
such a charge made if the order is cancelled and I did
sign it. But California has a 72 hour right of rescission
law that specifically states the retailer must return all
monies if the order is cancelled within 72 hours. Can
the retailer over-ride California consumer law by
making up his own rules? Do I have legal recourse?
Would this be a case for small claims court?

Asked on 1/22/03, 2:34 pm

Alvin Tenner Law Office of Alvin G. Tenner

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0 attorneys agreed

Re: right of rescission

The 72 hour law does not apply to everything. It usually applies to home remodeling contracts and other major items.

Answered on 1/22/03, 11:03 pm

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