How long do I have to get a refund on an $8000 business opportunity
purchase?  I signed the contract Sunday at 2pm and 11Am on Tuesday I
told them I wasn't interested becuase "It's not for me".  I have
already attended approx. 16-20 hours of one on one training since I
signed the contracts and have all of my training manuals.  They are
stating that they have a No Refund Policy.  I live in North Carolina
and I am in Tennessee getting my training.  I have received manuals
that have been personalized for my business.

Thanks for asking!

I realize time of the essence in this case, so I'm going to present
two sources from North Carolina and Tennesee which outline the
Consumer Protection rights in each state.

NORTH CAROLINA:

"Under various North Carolina statutes, the consumer has the right to
cancel certain types of purchases even after he or she has signed a
contract or agreement. In many cases, the seller is required by the
same law to notify the consumer of this right by describing the
consumer's right to cancel in conspicuous type in the contract
itself."

Unless otherwise noted, the cancellation period is three business days
on the following transactions. Other transactions are not covered
under this law.

In-Home Solicitations: Purchase of goods or services on credit that
takes place at the buyer's residence upon a personal solicitation at
the buyer's residence. This right to cancel does not apply to the
following:

-- Sales of apparel.
-- Sales made on preexisting revolving credit accounts, e.g., credit
cards that the consumer possessed prior to the transaction.
-- Sales of farm equipment and motor vehicles.
-- Sales of certain goods and services related to funerals.
-- Sales made by a consumer who has previously engaged in a similar
business transaction with the seller.
-- Sales made after negotiations occurring at the seller's business
premises at which the goods or services are displayed or offered."

Invention Development: Contract for invention development services,
which includes contracts for the evaluation, perfecting, marketing,
brokering, or promotion of an invention, and certain activities
related to patenting. However, contracts with certain parties (e.g.,
federal, state, or local government; educational, charitable, and like
organizations; attorneys, etc.) may not be canceled. The cancellation
period is any time prior to payment, but not less than four business
days."

State of North Carolina, Office of the Attorny General, Consumer
Protection, Right to Cancel Certain Types of Consumer Transactions -
North Carolina Law
http://www.jus.state.nc.us/cpframe.htm

TENNESSEE:

According to Lexis/Nexis - the only Internet entity licensed to
publish Tennessee Consumer Law - Tennessee does not have a "no-fault
cancellation period" for general purchases. The type of purchase
you've made is not covered under any of Tennessee's specific
protections for specified purchases. The only applicable information I
was able to locate is related to the use of prizes or inducements as
deceptive business practices. However, specifically exempted from
those eligible purchases are:

1) Time Shares
2) Retail promotions which offer savings on consumer goods or
services.

You may enter the Lexis/Nexis database site to further search
Tennessee statutes through the portal provided by the Tennessee
Division of Consumer Affairs at:

http://www.state.tn.us/consumer/law.htm#consumeraffairslaw

-------------

You would probably best be served by making immediate notification in
writing to the company you've purchased this opportunity from, to
follow up on your verbal(?) notification given this morning.

You should consult an expert in North Carolina Contract Law, regarding
the specifics of notice and the ability and/or right to cancel this
transaction. Bear in mind, that I'm not a legal expert, however I do
use and sign commercial contracts in the State of California, whose
commercial codes outline a similar three-business-day grace period on
certain transactions.  Business days are defined as Monday through
Friday. Therefore, it would appear that IF North Carolina's protection
statutes extend to this transaction, you would need to act before the
close of business on Wednesday in order to receive the protection you
may be entitled to as provided by these statutes.

The North Carolina Consumer Protection website also offers this
advice:

"If you believe you have been defrauded, be skeptical of any offers by
other parties who claim they can help you recover your losses. This
second party may be working with the original con artist to victimize
you a second time."

http://www.jus.state.nc.us/cp/tips.htm (unframed content)

If you would care to tell me your general location within North
Carolina (county or nearest major city), I'll gladly try locate a
regional or local Attorney Referral Service. These services do not
offer legal advice themselves, but are often a division or part of the
local Bar Association, maintaining a referral service to specialists
in the type of law you require, and offering introductory consultation
at a reduced fee.

Thank you for using Google Answers. If there is any portion of this
information you would like to have expanded in more detail, please
ask. I'll be glad to continue research or look for additional North
Carolina Consumer Protection resources on your behalf. You have my
sincere best wishes that you'll be able to obtain a satisfactory
solution to this matter.

~larre-ga

Thanks for your information it was very timely and helpful.

Something also to keep in mind is that even if you are entitled to
cancel the contract (and I'm not sure to what extent consumer laws
apply here), the company is probably entitled to keep what it has
already spent specifically on you (such as for personalized
materials), so you may not be entitled to the full $8,000. In any
case, Larre's advice seems sound -- put everything in writing ASAP and
contact an attorney!

Hi rustyace-ga..!!

I have had a similiar situation once, many years ago. These types of
companies routinely tell folks they have no refund policy, hoping
those signed deals make it past the magical 3 day mark.  If I remember
correctly, the 3 day recind law is a Federal Law, and most states
simply adopt the law into their Administrative Codes to remain
consistant. I cancelled my contract and they were none too happy about
it.  I have one piece of advice.  Cancel by telegram.  There's a
record of it, it's fast and it's accepted [in Washington State] as a
form of "written notification" in these types of contracts.

Good Luck, let us know hw it turns out, in an update, ok?

Good Day, rustyace-ga.

Please visit the website for the Federal Trade Commission: www.ftc.com

With no facts given by you, we can imagine anything. Is it not
possible that this business opportunity is a scam or con?
At the very least I would file a complaint with the FTC if you do not
receive an adequate refund.  It would be enlightening if you reviewed
the material on these locations:

http://www.ftc.gov/bcp/conline/pubs/invest/vending.htm
http://www.ftc.gov/bcp/menu-fran.htm
http://www.ftc.gov/bcp/franchise/netrule.htm

On one occasion last year, I emailed the FTC website with a consumer
complaint and they responded within a couple of days.
Since you live in one state and the course was given in another state,
it's probably a federal matter (interstate commerce).

Best,
Brad-ga