One of my favorite roles as an attorney, aside from solving problems, is helping to avoid them in the first place. Those working in the design community should have a well-drafted, customized contract ready to present to the customer.
Often overlooked is the need for some agreements to comply with Arizona’s Home Solicitation Act. If a sales or services contract is presented in a client’s home and involves installment payments, it will need to provide written notice to the client that the deal may be completely cancelled within three days. Arizona’s Home Solicitation Act can be found in Title 44, Chapter 15 of Arizona Revised Statutes.
Unfortunately, the required contractual verbiage found in the Home Solicitation Act is lengthy and can occupy nearly a full page of the designer’s contract. However, design professionals who fail to include the provision when required, face daunting consequences. Failure to comply can carry criminal penalties, as well as render the contract unenforceable.
For questions about whether or not your contract must contain a three-day cancellation provision or any other clause, I encourage all design professionals to have every one of their contracts reviewed by an experienced attorney in the state where they perform their service prior to presentation to their customers. The investment ahead of time in proper legal advice may save a multitude of headaches.
Tami M. Hugo is an Arizona Attorney with Davis Miles McGuire Gardner, a full service law firm with offices in Arizona, New Mexico, Texas and Utah.
