Question:

What is the 3 day "Right of Rescission" in a remodeling contract? Is it necessary for smaller remodeling jobs?

Answer:

If the contract requires payment of $25 or more for materials and / or services rendered, and is signed away from the contractors place of business, by (Wisconsin) law, two copies of a 3 day "Right of Rescission" must be attached to the contract. What it simply means is that you as the consumer have 3 days to change your mind and cancel the contract if you notify the contractor in writing. The contractor must inform you of this right before you sign the contract, and they must also supply you with the necessary forms and all the information required to cancel the contract properly.

If you ever saw the movie "Tin men" you would understand why this law was written. High pressure door to door sales scams were often used in the 50's and 60's and many people were taken to the cleaners, mostly by siding and other exterior improvement contractors. I think times have changed a bit, but the right to rescind is still good for basic consumer protection. It is important to remember that your right to rescind only applies if the salesperson comes to you. If you go to their place of business on your own free will to sign a contract, you do not have the right to rescind. That contract becomes binding from the moment you sign it because, obviously, you were not forced to seek out their services.

I think these days buyers are much more knowledgeable than in the past, so I am not so sure the right to rescind has as much value as it used to. What I am sure about is that most reputable contractors, ourselves included, would not consider starting a job against the owners will. Rescission or not, it would not be good business to force someone to remodel their home. Remember, check out your contractor thoroughly, and know your rights as a buyer!

Answered by: Patrick Benkowski, CR
 

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