July 17, 2025
Can I back out of a contract for gutter installation?
Dear Consumer Ed:
Yesterday I signed a contract to have gutters installed on my house. Today I found someone else who can do the job for half the price. Now I have “buyer’s remorse.” Can I back out of the contract?
Consumer Ed says:
The ability to cancel a contract is often misunderstood. While many consumers believe that this protection is a broad consumer protection right, it applies only in very specific contexts. When a sale is made at someone’s home or workplace, or at a seller’s temporary location—such as a hotel room, convention center, fairground or restaurant—the consumer has three business days to cancel the purchase for a full refund under the Federal Trade Commission’s (FTC) Cooling-Off Rule. (Note that Saturday counts as a business day.) The right to cancel for a full refund extends until midnight of the third business day after the sale. Importantly, under the FTC’s Cooling-Off Rule, the three-day right to cancel a contract does not apply to sales that are:
- made after completing negotiations at the merchant’s regular place of business
- under $25 for sales made at someone’s home
- under $130 for sales made at temporary locations
- real estate, insurance, or securities
- vehicles sold at temporary locations, if the seller has at least one permanent place of business
- arts or crafts sold at fairs or places like shopping malls, civic centers and schools
- sales made entirely online, by mail or telephone
- for an emergency
- for home improvement loans or any contract where your home is used as collateral or a security deposit.
Notwithstanding the above, Georgia law provides a homeowner with the right to cancel a contract to repair damage to the home caused by a natural disaster within five days of receiving written notice from the insurer that all or part of the work related to the natural disaster is not covered by the homeowner’s insurance policy.
If the contract to get your gutters installed was solicited directly to your door, then you might be able to cancel the contract under the FTC’s Cooling-Off Rule, provided that it has been less than three days since you and the seller signed the contract and the service was at least $25 dollars. Please be advised that for sales eligible under Cooling-Off Rule, the seller is legally required to tell you about your right to cancel at the time of sale and to give you both two copies of a cancellation form and a copy of your contract or receipt. The seller must provide you with the cancellation form by using a method that enables you to retain a complete copy of the contract in the event you cancel. The seller may choose to provide you with the notice of cancellation electronically, but only if he/she first gets your express consent to do so. For electronic contracts, the seller is still required to provide you with written notice of your cancellation rights, including two written copies of the cancellation form. You also have the right to a copy of the contract in writing, if you request it.
If you think the seller violated the Cooling-Off Rule in any way, you may file a complaint with the Georgia Attorney General's Consumer Protection Division at 404-651-8600 or contact the FTC at ftc.gov/complaint or 1-877-FTC-Help (1-877-382-4357).
If you are not eligible to cancel the contract under the Cooling-Off Rule, you should carefully review the contract signed between you and the seller to see if it contains a cancellation provision that would allow you to back out of the contract. If no such cancellation provision exists and the Cooling-Off Rule does not apply, Georgia law only allows a contract to be broken if both the purchaser and seller agree to cancel. In that case, you can try reaching out to the seller to ask if he/she will allow you to withdraw from the contract. If the seller refuses, you might try to see if he/she would agree to waive the cost of any parts that the company can use for another job. Of course, prior to making such a proposal, you should weigh whether the labor costs you would be responsible for from the vendor you contracted with, added to the amount the new vendor quoted you, still makes it worth your while to switch vendors. Cancelling the contract without the seller’s express agreement could subject you to legal liability.
Submit your own question to Consumer Ed. Remember…we do not give legal advice. Always consult a lawyer about legal issues.