Legal Question in Business Law in California

Does the 72-hour cooling off period apply to HVAC companies in California? If so, how does it work?

My mom's been swindled and when I contacted a 2nd company for a competitive quote, he told me he can't even install a new system until after 72 hours from his estimate, but the company in question installed my mom's system the next day (after pressuring her to do so). Can they legally do this?

Also, I've been trolling the internet for the actual Civil Code language for the 72-hour cooling off law, but can only find language that tells me it does not apply to motor vehicles, but nothing about how it is applied to other businesses. Could you point me to a website where the language is clear? (clear law language� oxymoron?)

Thanks so much.

Kate


Asked on 11/15/10, 7:11 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Looking for "72 hour" or "cooling off period" as search terms may get you misdirected in looking for the Civil Code sections. The Code speaks in terms of "three business days" and "right to cancel" or occasionally "rescind" and "rescisson" as verb and noun, respectively. You might start at CC 1682 and work back, and you'll find the most relevant provisions in 1689.5 and here and there in following sections. The code provisions seem to be a mish-mash of general and super-specific laws passed at various times to protect consumers against a variety of general and specific products and services such as "personal emergency response units" dating services, etc. as well as home solicitation contracts in general, meaning any goods or services contracted for outside of something resembling a store or business office. In answer to your specific question, I'd say a three-day wait was in order unless the contract was made at the contractor's place of business, by your mom walking in and negotiating a deal, or perhaps by telephone to their office.

Read more
Answered on 11/20/10, 9:42 pm


Related Questions & Answers

More Business Law questions and answers in California