Question: Is there a blanket three-day right of rescission (cancellation) for contracts in Hawaii? I purchased a second rights of burial (where two people can share a burial plot) contract. After thinking it over, I want to cancel. The salesperson said that since the contract was signed at the cemetery, there is no three-day right to rescind the contract and that essentially I'm stuck with it. Is that so?

Answer: In your case of “;buyer's remorse,”; you do not have such a cushion.

You've since let us know that the cemetery salesman did allow you to withdraw your contract, something which he legally did not have to do.

Some people mistakenly believe there is a three-day right to cancel any contract, but there is no such blanket law in Hawaii, said Stephen Levins, executive director of the Office of Consumer Protection.

“;There are specific provisions, under Hawaii law, in which you can cancel contracts in three days,”; he noted.

One of them involves door-to-door solicitations.

Other areas where you have leeway to back out include: five days in which to change your mind if you sign a contract to join a health club, seven days to cancel a contract to buy a time-share unit and 30 days to cancel a contract to buy a condominium unit from a developer (essentially, a new construction).

Levins referred us to the Department of Commerce and Consumer Affairs' Regulated Industries Complaints Office, which oversees the funeral and cemetery industry.

A new state law, which took effect July 1, does allow consumers to cancel a contract for pre-need funeral services and pre-need interment services at any time, said JoAnn Uchida, RICO's chief complaints officer.

However, that law would not have helped you in your situation, she said.

Uchida also emphasized that Section 441-22.8 of the Hawaii Revised Statutes would not apply to the purchase of a plot.

The key provision says: “;At any time before pre-need funeral services or pre-need interment services are received by the purchaser or the purchaser's contract beneficiary, the purchaser may cancel the contract containing any pre-need funeral services or pre-need interment services by notifying the cemetery or pre-need funeral authority, in writing, of the purchaser's desire to cancel the contract.”;

If the contract is canceled or terminated under the provisions of the law, the purchaser is entitled to a refund, less amounts incurred for approved costs. Refunds are supposed to be made within 30 days of a written notice of cancellation or termination.

For more information, call 587-3222 or, from the neighbor islands, (800) 394-1902.

Auwe

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