Is There Can Anything I Can Do About a Home Solicitation Purchase?

A home solicitation contract is an agreement for the sale or lease of goods or services that is made in a location other than the seller’s place of business. Home solicitation laws cover a wide range of goods and services. The types of products that this law may apply to include water filtration systems, gutter cleaning systems, solar panels, and home computers. It may also apply to services, like the installation of solar panels. There are some exceptions to this, however, including services provided by lawyers, real estate brokers, securities dealers, and physicians.

Yes. Almost every consumer transaction amounting to more than $25 that occurs in your home may be covered by California's Home Solicitation Sales Act.

No. The Home Solicitation Sales Act covers transactions that take place anywhere other than the seller’s “appropriate trade premises.” This could mean a flea market, a convention center, or a trade show.

The Home Solicitation Sales Act requires that the seller provide very specific disclosures to the buyer regarding the right to cancel. The contract must include a three day right to cancel for most contracts, or a seven day right to cancel in the case of an emergency response unit. The statute gives specific language the contract must use. If the contract does not include the specific language, the buyer may rescind the contract. The buyer may rescind the contract at any time until the statutory language is provided to the buyer.

Even if you contacted the seller and asked them to come to your house, the seller still needs to give you the appropriate notice of cancellation. It does not matter that you reached out first.

You have no obligation to talk to any door-to-door salesperson, let alone let them into your home. In fact, it is a best practice to not let the person in, even if you are interested in the product. You can later find the product online, and you will have had a cooling off period first to decide whether you really want the product.

Not usually. The company likely makes a large amount of its money through the financing, not from the product it is selling. You are likely to be trapped in a high interest rate, long term loan if you allow the salesperson to arrange financing.

You are entitled to receive a copy of all documents you sign. Make sure that you receive copies of every single document you sign, along with all brochures and manuals. You may have signed multiple contracts or documents. Make sure you have a copy of everything. If you sign anything on a tablet or e-sign on a computer, make sure you receive a copy immediately.

If you cancel the contract, the seller must return anything you paid within 10 days of cancellation. If you have made the products available for return and the seller does not pick them up within 20 days, you may keep the product. You should retain all documents you receive from the company and make notations of all telephone calls.

You may still have the right to cancel the contract if the company did not give you proper notice of your three-day right to cancel. You should contact an attorney if you have any questions. Gather all documents and communications you have had with the company so that you are prepared to discuss the circumstances.

You may have the right to cancel the contract. The California Translation Act requires that you receive all contractual paperwork in the same language that you negotiated in.

If you are paying for something that isn't working, and you believe you have been wronged, you may be able to get your money back. You may wish to call our firm and receive a free consultation. If we are able to take your case, you will never be charged for our attorneys' fees and costs. We receive compensation from defendants pursuant to fee shifting statutes.