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TextInformed Consumer Podcast Transcript: Nov. 03, 2009
Welcome to the Informed Consumer-the latest tips and tools about consumer issues to assist consumers in making informed decisions from the Fairfax County Consumer Affairs Branch.
Today’s topic is door-to-door solicitation. We will be looking at your
rights under the Virginia Home Solicitation Sales Act while learning how
to verify that a solicitor has a license.
Fairfax County requires that Peddlers and Solicitors be licensed before
they solicit door to door. Solicitors are required to show you their
license and may not solicit at a residence which posts a “No Peddlers or
Solicitors” sign. The hours that solicitors may knock on your door are
between 9 a.m. and 8 p.m. In addition, they must leave the premises
immediately if you ask them to leave.
Solicitors offer a wide variety of goods and services for sale.
Solicitors may be selling or “setting appointments” for high speed
Internet, cable services, home improvements, home security alarms,
magazine subscriptions, or lawn or tree services. No matter what goods or
services are being offered, the solicitor is required to have a license.
Legitimately licensed solicitors should always show their Fairfax County
issued license when a prospective customer asks to see it.
The Solicitor’s License is an individual license, not a business
license. If a solicitor tells you that their business has a license, the
solicitor may not be properly licensed in Fairfax County. If the
solicitor does not have a license, call Fairfax County Police immediately
to report the violation: 703-691-2131.
The Virginia Home Solicitation Sales Act applies if you are solicited to purchase goods or services at your residence. As a consumer in Virginia, you have the right to cancel a home solicitation contract until the third business day after the purchase.
The seller must provide you with a fully completed receipt if the sale is by cash or credit card and a copy of the contract minus any blank spaces. The receipt or contract must inform you of your right to cancel. However, sales of less than $25 or resulting from prior negotiations between the parties are exempt from this law.
The Buyer’s Right to Cancel should appear as a conspicuous caption on
the front side of the receipt or contract, or immediately above the
buyer’s signature, in bold face type with a minimum size of 10 points.
The cancellation notice should be clearly stated in writing.
The following are reasons why the contract may not be canceled:
1. the buyer requests the seller to provide goods or services without
delay because of an emergency;
2. the buyer’s emergency request clearly states in writing that the
buyer understands that he is waiving his right to cancel the sale;
3. a substantial beginning of the performance of the contract is made by
the seller before the buyer gives notice of cancellation;
4. the goods are not in as good condition as when they were received by
the buyer.
A consumer should expect a refund within 10 days after a home solicitation sale has been canceled or voided, and the seller must refund any payments made by the buyer. Any down payment of goods traded in, must be returned in substantially as good condition as when received by the seller. If the seller fails to return the goods traded by the buyer, the buyer may recover its equivalent monetary value as stated in the agreement.
The following steps should occur when returning the items to the
seller.
1. The buyer is not obligated to return the goods to the seller at any
place other than his residence;
2. If the seller does not demand possession of goods within 20 days
after cancellation or revocation, the goods become the property of the
buyer without obligation to pay for them
3. The buyer has the duty to take reasonable care of the goods before
cancellation or revocation, and for the reasonable time during which the
goods are at the seller’s risk.
4. The seller is not entitled to compensation for services performed
prior to the end of the cancellation period.
If the purchase was made from a seller or his agent who failed to immediately identify himself/herself as a seller or misrepresents the nature of the solicitation, the buyer has 30 days to cancel the home solicitation sales contract
A violation of any provision of the Virginia Home Solicitation Sales Act
is subject to any and all of the enforcement provisions under the
Virginia Consumer Protection Act.
Thanks for listening to the Consumer Affairs Branch Informed Consumer.
For more information on this topic or if you feel that you’ve been a
victim of a scam, please contact us at 703-222-8435 or visit our Web site
at www.fairfaxcounty.gov/consumer. Informed Consumer is produced by the
Fairfax County, Virginia, government.
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