Calm down, don't visit --- and stay off the phone on this...
Is it even possible to cancel the contract at the place of purchase? I understood they aren't authorized to process the refund but can they accept the cancellation? I have sent 2 separate cancellation/rescission letters via certified mail. I am just worried that something could go wrong and lose our window to cancel. I am a bit of a worrier but I do not want to take any chances.
I may send a third tomorrow just to prevent any issues. I have had problems with our post office meeting overnight deadlines so my faith in the postal service isn't very good. Third ones a charm, right?
I checked the tracking online and it shows the estimated delivery date of Saturday, which means they won't get it until Monday at the earliest. Perhaps an overnight letter? But I don't have a phone number...grr!!
Oh, the stress and uncertainty!!!!
You need to take a deep breath and relax. Review (and if necessary repeat to yourself) the following indisputable facts:
1. The right to rescind is one which is provided to you by state law. The developer has
no other option other than to acknowledge and process your cancellation, just as long as your letter of rescission is
postmarked (see your counter-issued USPS certified mail receipt for actual postmark date) within the state law deadline.
The date of subsequent receipt by the developer of your written rescission notice is unimportant and irrelevant; the postmark date of your notice is what matters.
2. Phone calls are completely meaningless on a written contract matter, legally speaking. This includes anything and everything relating to your rescission.
You should
not have
any phone (or in-person) conversations with these people anyhow ---
NONE! Any such conversation(s) will just turn into a desperate "salvage this sale" effort by the hungry (and now disappointed) sales weasels who see their commission rapidly disappearing. You're now
done communicating with these people.
You've undertaken the necessary and appropriate action to rescind, so don't get in your own way now and trip yourself and / or get stressed out. Let the applicable law go to work for you and be patient about the return of your deposit; said refund could conceivably take up to 45 days (but will more likely occur within 3-4 weeks).
P.S. The developer is
not under any obligation to contact you to "verify" or "confirm" anything regarding your rescission. Their
one and only obligation at this point is to process your cancellation and issue a full refund of your deposit --- no more, no less. They
might send you a letter acknowledging your rescission, but they are under no legal
obligation to do so. In any event, don't answer
any phone calls from them; your rescission
must be processed. They have no other choice;
it's the law.
