How to Legally Get Out of a Contract With the Three-Day Law

How to Legally Get Out of a Contract With the Three-Day Law
Woman handing over contract to be signed.

The Cancellation Process

You must inform a seller or lender in writing to legally cancel a contract. All that is necessary is a simple letter written in a business format that states you wish to terminate the purchase contract as the terms and conditions in the contract allow, identifies the product or service and includes the effective date. As an alternative, you can fill out a cancellation form if the seller provides one. Regardless, you must send a cancellation letter or notice by postal mail or email or deliver the notice in person before midnight of the third business day after the purchase; according to the FTC, this includes Saturday. The FTC recommends that you send a cancellation notice by certified mail with a return receipt.

FTC Contract Cancellation Regulations

The FTC’s cooling-off rule applies to purchase contracts valued at $25 or more that you sign anywhere other than a seller's normal business location. This includes off-site locations such as your home, a trade show or a booth at a home and garden show. The cooling-off rule gives you until midnight of the third business day after signing a purchase contract to cancel regardless of the reason. It excludes high-value items such as automobiles and real estate and only applies to purchases made for personal, family or household use.

Truth in Lending Contract Cancellations

Truth-in-lending contract cancellation laws focus on protecting your home. They allow you to cancel a contract for a home improvement loan, a second mortgage, a home equity line of credit and most other loan types except for your first mortgage, which uses your home as collateral security. Just as with the cooling-off rule, you have until midnight of the third business day after signing a contract to cancel the agreement.

State Consumer Protection Laws

Although contract cancellation procedures in most states are similar, consumer protection laws vary in terms of what types of contracts you can cancel and what time frame applies. Many states offer greater protections than the cooling-off rule or truth-in-lending laws. For example, you might have the option to cancel a purchase contract that you signed on site, off site or on the business’s website. Many states allow you to cancel services and memberships, and some extend the time frame indefinitely. Contact your state consumer protection agency for cancellation laws that apply in your state.