Is there a 3-day right of rescission on service contracts?
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Is there a 3-day right of rescission on service contracts?
If I sign a TV cable service contract, am I entitled to have a 3 day right of rescission? If I was not notified of the right of rescission am I entitled to terminate the contract without penalty?
Asked on November 10, 2010 under General Practice, Virginia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Unfortunately, there is no 3-day right of rescission generally in service contracts, or indeed in almost all contracts. Typically, the law requires a rescission period for a mortgage, that's often about it. Certainly, a contract can itself allow a rescission period, or something similar--e.g. a no-risk trial period. But that's voluntary; it would have to be part of the contract. If it was represented to you by cabel TV employees that you would have a right of rescission, it is possible that might give you grounds to void the contract on the basis of fraud (a material misrepresentation). Other than that, though, service contracts like this are typically binding once signed, again, in the absence of fraud.
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