Three-Day Cancellation Rule
Can I cancel a telephone solicitation sale within three days of purchase?
A consumer may cancel a telephone solicitation sale up to midnight of the third business day after the receipt of the merchandise or premium, whichever is later. A.R.S. § 44-1276(B).
Can I cancel a sale made through a door-to-door sales person within three days of purchase?
The Federal Trade Commission's Cooling Off Rule provides you with right to cancel a purchase within three days if the sale is in your home, workplace, dormitory or a facility rented for a short time by the seller, such as hotels, motels, or convention centers, and the purchase price of the goods or service is $25.00 or more. 16 C.F.R. § 429.1.
However, there are also exceptions to this Cooling Off Rule as outlined in 16 C.F.R. § 429.0 and 16 C.F.R. § 429.3. You do not have a three-day right to cancel your purchase even when a sale occurs in your home, workplace, dormitory or rented facility if:
- The goods or services you purchase are not primarily for personal, family, or household purposes; or
- The purchase is the result of prior negotiations at the seller's permanent location where the goods are regularly sold; or
- The goods or services you purchase are needed to meet an emergency; or
- The purchase is pursuant to your request for repairs or maintenance; or
- The purchase is real estate, insurance, or securities; or
- The purchase is a motor vehicle sold at a temporary location if the seller has a permanent place of business; or,
- The purchase is art or crafts sold at fairs, shopping malls and the like.
Arizona has similar provisions concerning home solicitations. 44 A.R.S. §5002. Not everything sold in the home is covered under this provision, so be sure to check the definition of home solicitation sales at 44 A.R.S. §5001.
Are there any other transactions that I can cancel within three days of purchase?
Under Arizona Law, you have a three-day right to cancel some services to be rendered in the future, such as health spa services (44 A.R.S. §1793), credit services (44 A.R.S. § 1706) or discount buying club services (44 A.R.S. § 1797.05); dance studio contracts can be canceled within 15 days (44 A.R.S. § 1744).
Last revised: 21 October 2009