Have you ever regretted buying something from someone selling door-to-door? Chances are that either you have or know someone who has. Good news if you make that mistake in New Jersey: buyers can cancel a contract that they signed with a door-to-door salesman over the phone, provided that the contract doesn’t prescribe a method.
The case arose out of a situation where someone agreed to buy $5,000 worth of textbooks for an online class they would be taking three months later. The salesman agreed that the books wouldn’t be delivered until the buyer needed them. He also informed the buyer that she had three days in which to cancel the order, but he never told her how to cancel. In contrast to the agreement, the books arrived two days later, and the buyer tried to cancel her order while on the phone with the company. She was told that she couldn’t cancel the order after delivery.
The company sued, seeking payment for the books, but the judge dismissed the case, on the grounds that the buyer never received written notice of how to cancel the contract and because she was lied to when the company told her that she couldn’t cancel after delivery.
It makes me smile when everything works out like it should.