The Common Law

Items sold door-to-door – can I cancel my order?

I bought some pretty expensive knives from a guy that was selling them door-to-door in my neighborhood. He kind of pressured me into it, and now I really want to cancel my order. I've heard that I can cancel items ordered from door-to-door salesman. Is that right?

Yes, but it depends on how quickly you cancel. Texas law does allow for certain items bought from a door-to-door salesman to be canceled, but the cancellation must occur within three business days of entering into the agreement to buy the item.

Chapter 39 of the Texas Business and Commerce Code allows a consumer to cancel a transaction "not later than midnight of the third business day after the date the consumer signs an agreement or offer to purchase" an item that exceeds $25. This law applies to any consumer transaction "in which the merchant or the merchant's agent engages in a personal solicitation of a sale to the consumer at a place other than the merchant's place of business, and the consumer's agreement or offer to purchase is given to the merchant or the merchant's agent at a place other than the merchant's place of business."

That is a long-winded way of saying that Texas law generally gives the buyer a three day "buyers' remorse" window when buying an item from a door-to-door salesman. Texas law feels so strongly about protecting consumers from pressuring door-to-door salesmen that consumers are required to be informed in writing that "You the buyer, may cancel this transaction at any time prior to midnight of the third business day after the date of this transaction." The door-to-door salesman is also required to give the consumer a completed notice-of-cancellation form that is easily detachable and can be used by the consumer to cancel the purchase. The cancellation form is required to include the name of the merchant, the address of the merchant's place of business, the date of the transaction, and the date not earlier than the third business day after the date of the transaction.

It should be noted that some transactions, including an insurance sale, are exempted from the three day rule discussed in this column.

Please submit column suggestions, questions, and comments to thecommonlaw@austinchronicle.com. Submission of potential topics does not create an attorney-client relationship, and any information submitted is subject to being included in future columns.

Marrs, Ellis & Hodge LLP, www.mehlaw.com.

The material in this column is for informational purposes only. It does not constitute, nor is it a substitute for, legal advice. For advice on your specific facts and circumstances, consult a licensed attorney. You may wish to contact the Lawyer Referral Service of Central Texas, a non-profit public service of the Austin Bar Association, at 512-472-8303 or www.austinlrs.com.

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