You signed a roof contract at your door after a storm: how Virginia's 3-business-day cancellation works

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Why this comes up after storms

After a big wind event, the pressure on a homeowner is real. The derecho of June 29, 2012 crossed ten states and Washington, DC with gusts over 80 mph in places; 13 people died, mostly from falling trees, and about 4 million customers lost power, some for up to a week. National Weather Service When a tree is on the house and a stranger offers to deal with it today, a signature can feel like the only way to get help.

Virginia's Department of Professional and Occupational Regulation (DPOR) has issued a public warning about unlicensed contractors following storms. This article is for the day after you signed, when you are having second thoughts.

What counts as a "home solicitation sale"

The cancellation right in Virginia applies to a specific kind of sale. Under § 59.1-21.2 of the Code of Virginia, it is a consumer sale or lease of goods or services where the seller, or someone acting for the seller, makes a personal pitch to you, or phones or contacts you electronically at a residence other than the seller's without a prior invitation or appointment, and your agreement or offer is given there. Code of Virginia

In plain terms, a crew leader who walks up your driveway, makes the pitch at your kitchen table, and has you sign there is the classic case.

The statute also lists sales that are not covered. Among them are a sale that follows prior negotiations between you and the seller, and a sale you started yourself and completed entirely by phone or online with no other contact. Small cash sales under $25 and some sales by businesses regulated by the State Corporation Commission's Bureau of Insurance are excluded too. If you called a company, met it at its office, or had already talked through the job before the day you signed, your sale may fall outside the rule. We cannot sort that out for you; the officials listed below can point you to the right place to ask.

How long you have

Virginia lets the buyer in a home solicitation sale cancel until midnight of the third business day after the sale. Code of Virginia The practical lesson is to decide quickly. Do not wait until the last day to see whether you feel better about it, and do not plan around a close count of the days.

How to count the days

Counting starts the day after you sign. The day of signing is not day one, and the window ends at midnight on the third business day. The Virginia statute does not define "business day." The Federal Trade Commission's rule on door-to-door sales, which also covers sales of $25 or more made in the buyer's home, defines it as any calendar day except Sunday or a federal holiday. Federal Trade Commission rule Under that definition, Saturday counts. The federal rule does not replace state law, and the state right cannot be smaller than the federal one, so the cautious reading is the one that gives you the earliest deadline.

Our suggestion is to count Monday through Saturday, skip Sundays and federal holidays, and have your notice in the mail before the date you get. The federal holidays are listed in 5 U.S.C. § 6103. U.S. Code Check that list for the days that fall inside your window. The extra Friday or Monday that federal employees get off when a holiday falls on a weekend is a pay rule for them, and we do not treat it as a day off for this count.

Here is an example. Suppose you sign on a Thursday and no holiday is nearby. Friday is day one, Saturday is day two and Monday is day three, so the window closes at midnight on Monday. Because we are describing the cautious reading, mail your notice before then, preferably the day after you sign. This is an illustration, not advice about your date.

How to cancel

The law does not prescribe a form. A written notice mailed to the seller at the address in your contract is enough, and a mailed notice counts as given when you put it in the mailbox. Code of Virginia Keep it simple and put the following in the letter:

• The date of the notice and the date you signed the contract.
• The company name and the address exactly as written on your contract.
• One clear sentence, such as: "I am cancelling the contract I signed on [date] for roof work at [your address]."
• Your name, your address and your signature.

Before you mail it, photograph the letter and the envelope. Keep any receipt from the post office. Many people also send a copy by email or text so there is a second dated record, but that is a precaution of ours, not something the statute requires. If you also hand-deliver a copy, ask the person to sign and date your copy.

The one big exception: an emergency waiver

The right can be given up in one narrow situation. You must have asked for the work to start without delay because of an emergency, the seller must have made a substantial beginning of the work in good faith, and, for goods, the goods must be unable to go back to the seller in substantially the same condition. Your emergency request must also be in a dated writing that you signed yourself and that says you understand you are giving up the right to cancel. Any other contract language that tries to waive your right to cancel is void. Code of Virginia

Look through everything you signed. If a form asks you to initial a waiver, be cautious, and check whether you actually signed that statement yourself.

Warning signs from DPOR

DPOR's storm advisory tells homeowners to walk away from a contractor who demands cash or payment by a transfer app, refuses to put the agreement in writing, or will not give references or proof of credentials. Virginia DPOR The same release says Virginia generally requires a state license for work or bids over $1,000, and roofing is covered by the ROC specialty and several other classes and specialties.

You can check a company yourself on DPOR's Virginia DPOR by name or license number. If it does not appear, or the class or specialty does not match the job, that is another reason to cancel while you still can.

Virginia also requires a written residential contract, signed by both sides before work starts or money changes hands. Among its required contents are the cancellation rights of both parties and a statement of the specific down payment. Virginia regulations If the paper you signed has none of that, it is worth a closer look.

If the company pushes back

Stay polite and keep your communications in writing. If you are pressured, or you think the sale was deceptive, the Consumer Protection Section of the Virginia Attorney General's office takes complaints about businesses operating in Virginia. It has an online form and a hotline at 800-552-9963, or 804-786-2042 in Richmond. Virginia Attorney General Complaints about contractor licensing go to DPOR instead.

Questions? Call (804) 764-9710 — we are a local roofing information service, not a contractor.