Products frequently misrepresented by door-to-door salespeople include home improvements such as siding and storm windows, funeral service con- tracts, living trusts, books, and magazines. There are some specific legal definitions of door-to-door sales that determine what is covered by the law and what is not. A door-to-door sale takes place when- ever a consumer purchases goods or services for more than $25 payable in cash or installments, at a place other than the merchant's place of business (including at the consumer's home.)
The door-to-door sales laws do not apply to certain transactions, such as:
Be suspicious of anyone who tries to sell by playing on your emotions. For example, some sellers will suggest you are shirking your responsibilities to your family if you don't buy their product.
Be suspicious of salespeople who tell you they are selling their service or product at the lowest price or tell you that their competitors do poor quality work.
Be suspicious of salespeople who say they have done other work in your city or neighborhood, but refuse to give you the names of some past customers.
Ask yourself how you will get your money back if the salesperson doesn't deliver or if the product is defective. If you buy from a reputable local business, you can always take the product back. If you buy from a fly-by-night seller, chances are you'll never see him or her again.
Under Texas law the door-to-door seller must do the following:
If the salesperson provided you with the right forms, to cancel the sale you may simply sign the one titled "notice of cancellation," date it, and mail it back to the seller. To obtain a full refund, you must do this before midnight of the third business day after the sale. Keep a copy of the form.
If the salesperson did not provide a cancellation form, you may still cancel your contract. But remember, you must cancel in writing. Be sure to keep a copy of the contract and your letter notifying the seller of the cancellation. Of course, the sooner you do this, the better.
The seller must restore your property to its original condition if any "improvements" were made to it, and you want it restored.
Don't be pushed into signing a contract or giving your money to a salesperson unless you're sure you want the product. Take time to think about it. You should always do some comparison shopping. Remember, any time you get a "once in a lifetime" offer, you should be suspicious.
You must receive a "Notice of Cancellation" under Texas law. You always have three days to cancel the contract, regard- less of whether you have received any goods or services. Keep your receipt or contract and a copy of your cancellation notice. You may need them if you seek legal help. You should mail your notice by certified mail to prove you complied with the law.