In order to cancel this transaction, to send or deliver a signed and dated copy of this Notice of Withdrawal or any other written notice by mail, or to send a telegram (a) (1) With the exception of contracts written in a contract or an offer of home advertising in accordance with articles 7151.2 and 7159.10 of the Code of Business and Professions, the Buyer`s agreement or offer to purchase must be drawn up in the same language. (e.B. Spanish, as it is mainly used in the oral presentation of sales, must be dated, signed by the Buyer and, except in the cases provided for in paragraph (2), contain in the immediate vicinity of the field reserved for his signature an ostentatious statement of a size equal to at least 10 points in bold, as follows: “You, the Buyer, may carry out this transaction at any time before midnight of the third working day following the date of this transaction Cancel.  An explanation of this right can be found in the attached withdrawal form. The buyer should consult a lawyer or other expert if they believe they may have any of these reasons for cancelling a contract. California`s Home Solicitation Sales Act allows the buyer to cancel the transaction within three business days of signing the contract for nearly all consumer transactions with revenues of $25 or more that take place at the buyer`s home or outside the seller`s business. “Withdrawal” means the same as cancellation; to say that a consumer has terminated a contract is to say that the consumer has terminated the contract. If the contract is inapplicable for any of the reasons mentioned in point C. Above, the entrepreneur must promptly return all the money, goods and any other consideration of the consumer.65 Except in the cases described in the following paragraph, the consumer has the right to retain all services or goods provided under the unenforceable contract and has no obligation under the contract.66 An entrepreneur may accept a legally authorized deposit, however, it is only if the Contractor returns the deposit, if the Contract is unenforceable under Section 7163.62 of the Business and Professional Code, that contracts that have such an unconditional right of withdrawal will be governed by laws requiring the Contractor to include mandatory written withdrawal provisions in its contracts. In principle, it can be assumed that if a contract does not contain such a written withdrawal provision, there is no unconditional right of withdrawal. If you cancel a contract within 10 business days, the seller must refund your money and return all the documents you sign. Within 20 business days, the seller must either pick up all the items you still have or pay the shipping costs for them so you can return them. Some companies have their own cancellation forms, but you can create your own. Be sure to provide as much information as possible about the item.

Also provide your name and contact information, as well as a clear statement that you are terminating the contract. If the consumer decides to terminate the contract, he must send the entrepreneur a written notice of his decision. The consumer may use the withdrawal form provided by the entrepreneur (see D. below), but the consumer is not obliged to use this form. The consumer`s notification must only be in writing and express the consumer`s intention not to be bound by the contract or offer.23 For example, the communication may be handwritten (a note or letter) or a telegram. If the transaction gives rise to a security right at the consumer`s home and the consumer has not waived the right of withdrawal (see H. below), the creditor must delay performance of the contract.47 In particular, the creditor may not take any of the following measures before the expiry of the withdrawal period and the creditor is reasonably satisfied that the consumer has not withdrawn. The creditor may not be made directly or through a third party: the consumer`s written declaration of withdrawal must be sent to the contractor at the address indicated in the contract or offer.24 If the notification is made by post, it is effective if it is properly sent by post, correctly addressed and filed with a postmark.25 The consumer must ensure that the notification is received by other means at the address indicated in the contract. until the end of the seven-working day period. See III.E. Below are other practical considerations about the cancellation policy from the consumer to the entrepreneur.

Article 7163 of the Business and Professional Code provides special protection for consumers seeking loans to finance construction contracts. Article 7163 goes hand in hand with the resignation provisions of the Federal Law on Truth in Credit (described in point III. above). Essentially, Article 7163 adds consumer protection during the withdrawal period (see III.D. above) and when the consumer has terminated the contract (see III.G. above). § 7163 protects the consumer even if the contract is unenforceable under the provisions of the section (see IV.C. below). If the DIY is to be financed and includes a security right on the buyer`s apartment, the three-day right of termination under the federal Truth in the Credit System Act likely applies.

(Other cancellation rights may also apply.) The lender must provide each owner of the apartment with two copies of a right of withdrawal form, as well as a copy of the declaration required by law, which contains the essential credit information.39 The consumer can use the form to inform the lender of the consumer`s decision to cancel the transaction. The consumer may also submit his declaration of withdrawal in any other written form or by e-mail. According to the rule, a seller must inform you of your rights of withdrawal at the time of the transaction. He must also provide you with copies of the withdrawal form as well as a copy of the receipt or contract. You don`t have to explain why you`re canceling. The Owner`s rights to terminate under California regulations are in addition to other rights the Owner may have to cancel the transaction. (See Part V, below)5 (g) Until the seller complies with this section, the buyer may terminate the contract or offer to negotiate houses….