We all know that any contract for sale of goods and services made to a consumer in their home must include a 3 day right to cancel. But did you know that, at least in Texas, failure to include that notice voids the contract? Void, as in completely unenforceable. Void as if it never existed. While there are alternative means for seeking payment of the services provided, the protections written into your contract are lost.
Did you also know that failure to provide a Texas consumer with the required 3 day right to cancel can also expose the merchant/contractor to payment of the consumer’s attorneys fees and costs should a dispute arise over this issue? Did you know that a violation, if found to be intentional or knowing, can also expose the merchant/contractor to triple damages via the Texas Deceptive Trade Practices Act?
The Texas Legislature is taking this notice requirement seriously and you should too.
If you need the precise text of the notice or have any questions, our firm is happy to provide.
© Karen Ensley and Brian Benitez, Ensley Benitez Law, PC, 2021. All rights reserved. This article is provided for educational reasons exclusively and is not meant to be construed as legal advice. Ensley Benitez Law, PC, will represent you only after being retained and that agreement is made in writing.