Can I cancel a contract in TX within 3 days, even if I have already received some of the services?

Discussion in 'Website Content for Sale' started by ShawnFJacobson, Aug 24, 2008.

  1. ShawnFJacobson

    ShawnFJacobson New Member

    Just to clarify, I think I understand the basic premise of the law. I know the 3-day right to cancel law applies to sales made at facilities other than the seller's place of business (like door to door sale people) and it must be over $25 (for the services in question).<br />
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    I had some pest control people come to my house and offer me a great teaser rate; treat my whole house, inside and out for $30. I said sure.<br />
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    Then as we're going over the paperwork he very quickly glosses over a part about a one-year contract that will cost another $40/month. I said, "No." but they kept on being sales people. I said fine, signed the paperwork for them to leave and cancelled the contract the next morning. I really was just fed up with dealing with them, I don't need to hear comments about how I should have "punched them in the face and told them to get off my property of something." Everything has worked out just fine, these events all took place over a month ago.<br />
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    My question (sorry for the build-up) They were at my house on Sunday and had already scheduled someone for the initial "treatment" on Monday afternoon. Could I have allowed them to come initially treat my house, paid them their $30 and then cancelled the contract? For the services they were offering $30 was a very good deal. (not an extra $40/month with them only coming out 3 times per year though)<br />
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    If someone knows for certain, that would be great because I can guess, and my guess is "Yes" after reading the links I have below. I just don't know if by accepting their initial treatment I am somehow showing "good faith" to enter the contract... I can't go back and "take advantage" of this pest control company, but I'm curious for future sales people that come knocking on my door.<br />
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    Site for the Texas Attorney General<br />
    http//www.oag.state.tx.us/consumer/3day.shtml<br />
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    I think this is the statute<br />
    http//tlo2.tlc.state.tx.us/statutes/docs/BC/content/htm/bc.004.00.000039.00.htm<br />
    Thanks Cloothe, I appreciate the answer, but I have a couple concerns about the parallels drawn. You are correct that the pest control company has a fee for early termination, but the real issue here is that Texas law does not give them an option to circumvent the 3 day "cooling off period" where I am allowed to cancel with absolutely no consequences. I understand the comparison to the cell phone provider contracts, but in that case I am going to their place of business so the 3 day time period is not applicable.<br />
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    According to the law, if a door-to-door vacuum sales person where to sell me a vacuum and leave it with me when they left, I could call the next day, cancel agreement and it would be 100% their responsibility to come back and get the vacuum. I get 100% of my money back and I legally get to keep the vacuum if they don't come get it within 20 days. I'm not sure how a pest control company could retreive their poisons?<br />
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    Just curious, Thanks!<br />
     
  2. cloothe

    cloothe New Member

    No. I have not read the actual contract, of course, but it seems to me that a court would interpret this as a single transaction.

    The problem is that you did not get two separate offers. It appears you had one single contract that called for an initial payment of $30 and monthly payments of $40. The fact that they would treat your house as soon as they got the initial $30 does not mean that this was the price of that treatment. $30 was just the first payment on the contract, whose total price was probably $470 ($30 plus 40 times 11).

    The situation is a little like cell phone contracts. You get the phone for "free" (or maybe for $29 - $49), and then you have monthly service payments after that. But if you walk away before then, you have to pay for the phone (that "early termination fee'). In fact, I would not be surprised to find a clause in the pest control contract that specifically obligated you to pay extra if you cancel early.
     

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