About David K. Staub Expertise I am a business and tax attorney and have spent more than 30 years assisting people with contracts in a wide variety of business situations. I can answer questions about basic contract issues. My experience includes almost all common contracts including employment agreements, contracts for the purchase and sale of a business, shareholder agreements, partnership agreements, LLC operating agreements, leases, software development agreements, distribution agreements, franchise agreements, joint venture agreements and software license agreements, to name a few. I can also direct people to sources for answers to specific legal questions which cannot be answered in a forum of this nature.
Experience
Experience in the area I have been an Illinois business attorney for almost 30 years. I have an extensive practice in the mergers and acquisitions area and have been involved in the tax and legal issues on hundreds of business transactions.
Organizations Illinois State Bar Association;
Chicago Bar Association (former Chairman of the Corporation & Business Law Committee and former Chairman of the Mergers and Acquisitions Subcommittee; former Executive Committee member, Federal Tax Committee and Chairman of subcommittee on general tax issues); Glenkirk Foundation (Trustee; Vice-Chairman/Strategic Planning); Association for Corporate Growth, Chicago Chapter; Midwest Entrepreneur Forum; Midwest Association of Alpha Delta Phi - President
Publications Commerce Magazine; YLS Journal; ISBA Section of Taxation Newsletter
Education/Credentials Harvard Law School, J.D., 1977; University of Illinois, B.S. in Accounting, with highest honors, 1974
Disclaimer Responses are intended to be informational only. No response is intended to constitute legal advice or create an attorney-client relationship. Online advice is not a substitute for consultation with an attorney.
Question My daughter purchased a wedding dress yesterday and after much thought, realized that she no longer wanted due to it being too restrictive for dancing. How many days do we have by law to cancel that contract?
Answer There is no mandated cancellation period for most purchases. Many consumers are under the impression that "3 day cooling off period" laws apply to any and all consumer purchases. However, that is not true.
The right of rescission varies greatly from state to state, but in all cases it applies only to very specific situations. For example, in most cases the right to cancel a contract only applies to sales made at facilities other than the seller’s place of business. Such locations might include be the consumer's residence or temporary locations like a hotel or convention centers. It would not include the seller's store.
You don't say where your daughter bought the wedding dress or what state you live in, but if she bought the dress at a store, the likely answer is that she has whatever rights the store's policy dictates, and nothing more. If the store's policy is "No refunds or exchanges" then your daughter is unfortunately stuck with the dress.
I would suggest that you contact the store immediately in any case. Most retailers are flexible, particularly if the customer treats the retailer with respect.