3-Day Right of Rescission
Section 520.72, Florida Statutes provides: "Every home improvement finance seller or home improvement seller shall furnish
to the buyer a notice of the right to rescind the contract. Either party to a
home improvement contract may cancel the contract by the exercise of the right
to rescind until midnight of the third business day following the execution of
the contract by giving notice to the other party by either certified mail or
registered mail. The party invoking this section is not liable to the other for
any damages incurred by cancellation under this section."
This section only applies if you have a "home improvement contract" defined as “a written agreement contained in one or more documents between a home improvement finance seller and an owner for the performance of a home improvement and includes all labor, materials, and services to be furnished when all or part of the contract price is to be paid in installments over a period of time greater than 90 days."
Trenton H. Cotney
Board Certified in Construction Law
Board Certified in Construction Law
Trent Cotney, P.A.
1207 N Franklin St, Ste 222
Tampa, FL 33602
(813) 579-3278
I gave a 900 dollar deposit to a screening company and had to cancel after the 3 day period but prior to any work being performed. they only refunded 396 dollars citing charges for permit, permit extension and NOC ?? I called the county and the permit and extension only totaled 224 dollars. can I recover the remainder in court?
ReplyDeleteNot likely, you did not cancel within your 3 day period
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