I bought a product from a door-to-door salesman. Can I get my money back?
by: Legal Aid Service of Northeastern Minnesota-Duluth
A legal question and answer column for seniors.
DEAR SENIORS LEGAL LINE:
About a month ago, a salesman came to my door selling vacuum cleaners. Since spring cleaning is just around the corner, I thought I would splurge and buy myself a new vacuum cleaner. I paid the salesman $100 down and he gave me the vacuum cleaner he had with him. I agreed to pay him the remaining $200 in 2 installments of $100 per month. The vacuum cleaner worked fine for the first few times I used it, but now the switch doesn't even turn it on. I would like to return it and get my money back. Can I do this?
Signed, Eleanor
DEAR ELEANOR:
In Minnesota there is a law called the "Home Solicitation Sale" law, also known as the 3-day cancellation law, which gives the buyer 3 days in which to cancel a purchase. Minn. Stat. ยง 325G.06. The law applies to goods or services valued at more than $25 from a salesperson coming directly to the buyer's home. It usually does not protect buyers who initiate contact and request a salesperson to come to their home. Neither does it cover purchases made in a store or dealership.
From your letter, it seems like this was a "cold call" sale from the salesman to your home. Thus, the law probably does apply to you. However, the 3 days have expired.
The next question I would ask you if you were in my office is if you received any written or verbal notice about your cancellation rights from the salesman. The home solicitation sale law requires that at the time the sale occurs, the salesperson must inform the buyer verbally of the right to cancel, and also provide a fully completed copy of the sales contract. The contract must show the date of the sale, and the name and address of the salesperson. Also, the front page of the contract must tell you of your right to cancel the contract within 3 business days after the date of the purchase. It must describe how to cancel the contract, namely by mailing or delivering written notice to the seller that you wish to cancel the contract.
If you cancel, you agree to return the goods to the salesperson at the salesperson's expense and risk. If the salesperson does not pick up the goods within 20 days of the date of you notice to cancel, the law allows you to retain or dispose of them without further obligation. Until the salesperson has complied with the law so that you have been given proper notice of your right to cancel, you may cancel the sale by notifying the seller even if the 3 days have expired.
Based on the information you provided, it seems like you did not receive any written notice and were not verbally told of your 3-day right to cancel. If this is true, you may wish to immediately contact the salesperson in writing to inform him that you are cancelling the sales contract, that you want your money returned, and that you will make the vacuum cleaner available for his pickup. To further protect yourself, you may wish to send the notice of cancellation by certified mail (return receipt requested), so that you can prove that the salesman received the cancellation.
If you cannot successfully resolve this problem, I encourage you to contact my office so that we may communicate with the salesman and/or help you make a complaint to the Minnesota Department of Commerce, Enforcement Division.
In the future, do not allow yourself to be pressured into an impulse purchase. A legitimate business will allow you time to think it over, and time to verify that the business is legitimate. One sign that a door-to-door salesperson may not be legitimate could be his or her failure to provide you with proper notice of your right to cancel the sales contract.
This column is written by the Senior Citizens' Law Project. It is not meant to give complete answers to individual questions. If you are 60 years of age or older and live within the Minnesota Arrowhead Region, you may contact us for legal help or questions by writing to: Senior Citizens' Law Project, Legal Aid Service of Northeastern Minnesota, 302 Ordean Bldg., Duluth, MN 55802. Please include a phone number and return address. To view previous articles, go to: www.lasnem.org. Reprint by permission only.
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