April 28, 2011

 

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Question

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Hi Ken,

We use your contracts and appreciate your newsletter. From time to time a customer here in Florida wants a next day install after they are burglarized. Do you have an addendum to sign to legally waive the three day right to cancel? Is this a legal option to avoid someone just changing their mind?

Roger L. Marcil, President

Absolute Protection Team

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Answer:

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States that permit a consumer to waive the 3 day notice of cancellation generally require that the waive take a particular form. You will understand why it is not possible to have a pre printed form for this waiver. The general requirements for the waiver are:

1) that the subscriber hand write a waiver

2) that the waiver be on a separate piece of paper

3) the waiver be signed by the subscriber

4) the waiver be clear and express the reason for the waiver (i.e., "I need security now")

You might want to check the door to door statute in your state to see if there is a provision for waiver and what is required, but if you follow the above you should be OK. You can start your investigation at http://www.kirschenbaumesq.com/noticeofcancel.htm

By the way, I don't think it's a good idea for you to suggest a waiver for all your sales; it should be the exception not the norm for your sales.