Does the Three Day Right to Cancel Apply to Home Solicitation Sales?
Home solicitation sale is defined by West Virginia law as a consumer credit sale in excess of $25 in which the buyer receives a solicitation of the sale at a place other than the seller’s business establishment at a fixed location and the buyer’s agreement or offer to purchase is there given to the seller or a person acting for the seller. W. Va. Code § 46A-1-102(22). This means, to be eligible to cancel the sale, the sale must be: a. a credit sale; b. more than $25.00; c. sale made somewhere other than the business’s normal place of business. The sale was made at your home rather than at the place of business. The sale was made not at your home but also not at the business’s fixed place of business (motel/hotels, home parties, fairs) The law specifically excludes sales of: a. motor vehicles b. motor homes c. farm equipment d. sales made on an open-end credit account (credit card) in existence for at least three months. e. a sale made after prior negotiations at the business’s fixed
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