---
title: "Separate the pre-sale waiting period from a cooling-off refund"
url: "https://ailawframework.com/practice/franchising-and-distribution/process-a-cooling-off-termination-and-the-refund/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A34-E20261018-3-US"
practice_area: "Franchising & Distribution"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Separate the pre-sale waiting period from a cooling-off refund

> Record the date the disclosure was furnished and the date of signing or payment, and copy any contractual rescission clause with its page. Do not calculate a refund.

Canonical page: https://ailawframework.com/practice/franchising-and-distribution/process-a-cooling-off-termination-and-the-refund/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Franchising & Distribution](https://ailawframework.com/practice/franchising-and-distribution.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | Record the date the disclosure was furnished and the date of signing or payment, and copy any contractual rescission clause with its page. Do not calculate a refund. |
| What the lawyer must review | Section 436.2 requires the franchisor to furnish the current disclosure document at least 14 calendar days before the prospective franchisee signs a binding agreement or makes a payment to the franchisor or an affiliate. That is a pre-sale timing rule. Part 436 as opened does not give a general post-signing cooling-off right or a statutory refund. The lawyer decides whether the contract itself allows rescission and computes any amount. Do not use a door-to-door rule. None was opened. |
| Written for | United States |
| Applies to | [Process a cooling-off termination and the refund](https://ailawframework.com/practice/franchising-and-distribution/process-a-cooling-off-termination-and-the-refund.md) |

## Checking plan

- What the AI does: Record the date the disclosure was furnished and the date of signing or payment, and copy any contractual rescission clause with its page. Do not calculate a refund.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- Fourteen calendar days before signing is not a cooling-off refund.
- The tool does not calculate money.

## Sources

- [16 C.F.R. Part 436, Franchise Rule (eCFR)](https://www.ecfr.gov/current/title-16/chapter-I/subchapter-D/part-436) (checked 2026-10-22)
- [FTC Franchise Rule](https://www.ftc.gov/legal-library/browse/rules/franchise-rule) (checked 2026-10-22)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [Franchise cooling-off termination and refund](https://ailawframework.com/precedents/franchising-and-distribution/cooling-off-and-refund.md) | Checklist | Yellow | Checklist of the cooling-off periods and the 14-day refund on the ACCC page about ending a franchise agreement, including the opt-out from 1 November 2025. |

Signed-in accounts can read the full text of each one.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*