Legal Question in Consumer Law in Virginia

I was approached as I was moving into my new home by a company selling blinds and window treatments. They left me a flyer, and after a few days I called them to schedule an in-home appointment. They gave me a vague verbal estimate and then started to take measurements. I told them that I would need time to think about the decision to purchased, but was coerced to sign a contract and pay by credit card based on a statement that pricing was for a very limited time. The contract stated that there are no cancelations, as production of custom blinds is to begin immediately. I called the company about an hour after they left and tried to cancel, feeling that I was pressured into the sale with a less than reputable company. They refused to cancel and threatened to take me to court if I tried to cancel. After their initial contact and my phone call to request an appointment, all discussions and transactions too place within my home. Am I in any way covered by the "3 day cooling off period"? I was never provided with any notice of cancelation forms or given any verbal instruction to cancel. These items seem to be required by both Virginia and FTC law for door-to-door and in home sales. What, if anything can I do? Should I send a written order cancelation notice to the vendor via certified mail, or am I not covered by any consumer protection laws? Thank you!

Asked on 1/15/17, 3:15 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Yes, under the facts described in this question and Va Code Sec. 59.1-23.1 Cancellation of Sale (Under

Virginia Home Sale Solicitation Act, you should have three business days (until midnight of last day) after

the day on which you signed the purchase agreement to notify the seller IN WRITING of your intent

to cancel the sale.

You should send this notice to the seller's address as it is written on the contract or purchase agreement,

and make sure that you keep a copy for your own record.

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Answered on 1/16/17, 2:41 pm

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