Consumer protection

Your right to cancel.

Federal law and Virginia law protect homeowners who sign contracts in their own home. If you sign an agreement for a major system replacement during a service visit, you have three business days to change your mind. This page explains what the law requires, why it’s a good thing, and how we handle it.

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The law

What the Cooling-Off Rule is and why it exists.

Background

The FTC Cooling-Off Rule and Virginia’s Home Solicitation Sales Act

The federal Cooling-Off Rule (16 CFR 429) and Virginia’s Home Solicitation Sales Act (VA Code 59.1-21.2 et seq.) were created to protect consumers from high-pressure sales tactics in their own homes. They give you three business days to cancel certain contracts signed at your residence.

Why it exists: Before these laws, it was common for salespeople to show up at your door, create urgency, and pressure you into signing a contract before you had time to think, compare prices, or consult anyone. The cooling-off period ensures you always have time to reconsider a major purchase made under those circumstances.
When it applies: The rule applies when a contract for goods or services over $25 is signed somewhere other than the seller’s place of business. For home service companies like ours, that means contracts signed at your home during a service visit.
When it does not apply: The rule does not apply to repairs or maintenance you requested. If you called us because something is broken, we diagnosed the problem, and you authorized the repair, the cooling-off period does not apply to that repair work. It applies specifically to sales of new goods or services (like a full system replacement) that were not part of your original service request.
This is a good thing: We think this law is great. You should never feel pressured into a major purchase. A new water heater or generator is a significant investment, and you deserve time to think about it. Honest companies don’t need to pressure you into signing before you leave the room.

How we handle it

What this means when you need a system replaced.

If a technician comes to your home for a service call and we determine that a system needs full replacement (rather than repair), the cooling-off rule applies to the replacement agreement. You have two options for how to proceed.

Option 1 (standard)

Sign the agreement and we schedule for 4+ days out.

This is the most common path. You sign the service agreement for the replacement work, and we schedule the installation at least four days out. This gives you the full three business days to cancel if you change your mind, and we begin work on day four or later.

Your cancellation notice: When you sign the agreement, you will receive a cancellation notice form as part of the paperwork. This form tells you exactly how to cancel and the deadline for doing so. You can cancel by mailing, emailing, or delivering the notice to us before midnight of the third business day after signing.
If you cancel: Any deposit or payment you made will be refunded within 10 business days. If materials have already been delivered to your property, we will arrange to pick them up.
If you don’t cancel: We show up on the scheduled day and do the work. Nothing else required from you.

Option 2 (emergency)

Waive the waiting period for emergency situations.

If you have a genuine emergency and cannot wait (for example, your only water heater has failed in January), the law allows you to waive the three-day waiting period. However, the waiver requirements are strict and specific.

The waiver must be handwritten by you: The law requires that the waiver be written entirely in your own handwriting on a separate piece of paper. It cannot be a pre-printed form. It cannot be typed. Our technician cannot write it for you. You must write it yourself.
What the waiver must include: Your handwritten statement must include: (1) a description of the emergency situation, (2) that you are requesting immediate service, (3) that you understand you are waiving your three-business-day right to cancel, (4) today’s date, and (5) your signature.
Example of what to write: On a blank piece of paper, in your own handwriting, write something like:

“My water heater has failed and I have no hot water. I am requesting that Kestrel Service begin replacement work immediately. I understand that by making this request, I am giving up my right to cancel this contract within three business days.

Date: [today’s date]
Signature: [your signature]
Printed name: [your printed name]
Address: [your service address]”

The description of the emergency should be specific and truthful. “My water heater has failed and I have no hot water” or “My air conditioning is not working and it is over 95 degrees outside” are appropriate. “I just want it done fast” is not an emergency and does not qualify.

Cancellation details

How to cancel if you change your mind.

Send us a cancellation notice before midnight on the third business day.

Deadline: You have until midnight of the third business day after you signed the agreement. Business days do not include Saturdays, Sundays, or federal holidays. For example, if you sign on a Monday, your deadline is midnight Thursday.
How to send it: Email us, mail it to our office address, or deliver it in person. As long as it is sent (not received) before the deadline, it counts.
What to say: Any written statement that clearly communicates your intent to cancel. You can use the cancellation form included with your service agreement paperwork, or write your own. Include your name, address, the date you signed, and a statement that you are canceling.
What happens next: We will refund any payments within 10 business days and arrange pickup of any materials already delivered to your property. The agreement is void and you owe nothing further.

Questions?

We are happy to explain any of this.

If you have questions about the cancellation process, your rights, or how scheduling works around the waiting period, call or email us. We will walk you through it. Read the full service agreement →

(804) 455-7700