What if a customer changed his mind and you had to return and
install the old equipment and refund the price paid for a new system you had
put in yesterday?
Or, what if you left the new equipment in place because the old
equipment had already been destroyed during removal, and refunded the purchase
price of the new equipment?
Chapter 39 of the Texas Business and Commerce Code provides for a
three-day right of cancellation of certain consumer transactions. HVAC
contractors fall under the letter of this law. That means that the two
above-mentioned situations could absolutely occur - if you live in Texas.
I once domiciled in the Lone Star State and traveled to Possum
Kingdom, Texas with my wife to view a parcel of land. I had no intention of
buying the land; I just wanted the free golf clubs the company was offering.
Fortunately, for the company, I sincerely fell in love with the idea of
becoming a land baron overlooking a spacious canyon. I bought. Unfortunately,
for the company, the next day I realized how completely insane I had been,
knowing that I would likely never retire to Possum Kingdom, Texas. I rescinded
the deal. Thank goodness for the three-day right of cancellation. Fortunately,
for me, the company did not make me mail back the golf clubs.
However, if somebody needs a new HVAC system, let’s hope they
weren’t purchasing it with the simple dastardly plan of changing their mind in
order to get a freebie.
The difference in the land buy and an HVAC system is that Possum
Kingdom lured me with the free golf clubs hoping to sell a parcel of land.
Contractors don’t weasel their way into people’s homes with the intent of
selling them something they don’t really want.
An installed system should not be subject to such extreme
penalties as previously mentioned. It is not the same as a vacuum cleaner that
a person can easily return upon cancelling a purchase. HVAC systems should be
handled differently under Texas Law.