Instructables

How to return a Kirby vacuum cleaner or anything else that's too expensive. (Or better yet refuse to buy in the first place!)

Step 3: How to cancel the contract

Picture of How to cancel the contract

Here is a link to the Texas 3-day Cancellation Law.  Other states should have similar laws on their books also.

Here is a link to the Federal Cooling Off Rule.  The Federal Trade Commission REQUIRES a 3 day right of cancellation in most transactions occurring away from the sellers usual place of business.

If you are trying to get a refund for someone who is unable to pursue the matter on their own, like an elderly parent, relative or friend you must have a "Durable Power Of Attorney".  You can download one for Texas here and it's free.  You will have to have it notarized.   Don't let anyone tell you it's not valid since is was signed AFTER the date of the purchase.


If you've decided on a home demonstration or demo at anywhere other than the salesman's actual business location you have 3 business days to cancel the contract if you decide that the purchase was not in your best interest.

In Texas you have to fill out the "Contract Cancellation" form the the seller is required to give you.  He is also required to give you a contract with his correct business name and address.  You must return the form within 3 business days.  It MUST be post marked by midnight on the third day or the contract is final.

The seller has 10 business days to respond to your cancellation notice.  Within the 10 days he can pickup the equipment to examination and issue you a refund if the equipment is undamaged.

In lots of instances a proper cancellation request will be all that is required.  But often times getting a refund is going to be a test of wills and of your patience.

If the seller waits more than 10 days the seller looses the right to examine the equipment before issuing you a refund.  There is a provision of the law that may in certain circumstances allow you to keep the equipment AND get a full refund if the seller is lax and not responsive to your legal refund request.


 
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