Legal Question in Consumer Law in Virginia

Does Virginia have a 72 hour right to resend on all contracts or just real estat

My husband and I signed a contract of purchase to join a membership club entitling whole sale purchases without being told truthful and full information about the membership. We decided that we had made a huge mistake by doing this and sent a written request to resend before the 3 day period was up, also requesting our deposit of $490. The company still has not refunded our money. What can we do?

Asked on 7/20/00, 12:17 pm

1 Answer from Attorneys

Daniel Hawes Hawes & Associates
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Re: Does Virginia have a 72 hour right to resend on all contracts or just real e

No.

However, the Virginia Home Solicitation Sales Act gives the right to rescind a contract within three days of receipt by a written agreement that complies with the requirements of the Act. I.e., it includes the statement that you have the right to rescind in writing within three days. If you get no written contract, or if it does not include a statement of your right to rescind, the clock doesn't start ticking, and you can rescind anytime until three days after the clock starts ticking on receipt of a written agreement that states your rights. The Home Solicitation Sales Act doesn't just apply to door-to-door sales. It applies anytime the initial contact is made somewhere other than the seller's usual or principal place of business. Any violation of the Act is a per-se violation of the Consumer Protection Act. Speaking of which, you said they'd lied to you about the membership, which is another violation of the Consumer Protection Act.

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9/13/00, 9:02 am

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