PDFWAC 246-828-350
Reasonable cause for rescission.
RCW 18.35.190(2) allows the purchaser of the hearing instrument(s) to rescind the purchase and recover moneys for reasonable cause. The term "reasonable cause" includes:
(1) Any material misstatement of fact or misrepresentation by the licensee regarding the hearing instrument(s) or fitting and dispensing services to be provided which the purchaser relied on or which induced the purchaser into making the agreement;
(2) Failure by the licensee to provide the purchaser with the hearing instrument(s) and fitting and dispensing services which conform to those specified in the purchase agreement between the parties;
(3) Diagnosis of a medical condition unknown to the purchaser at the time of purchase, which precludes the purchaser from using the hearing instrument(s);
(4) Failure by the licensee to remedy a significant material defect of the hearing instrument(s) within a reasonable period of time in accordance with RCW 18.35.190 (2)(c);
(5) The hearing instrument(s) or fitting and dispensing services would not be in accordance with accepted practices of the industry; and
(6) Failure by the licensee to meet any standard of conduct prescribed in the laws regarding the fitting and dispensing of hearing instruments and this failure adversely affects in any way the transaction which the purchaser seeks to rescind.
[Statutory Authority: 2014 c 189, RCW 18.35.161, 18.130.062, and 18.130.020. WSR 15-14-092, § 246-828-350, filed 6/29/15, effective 7/1/15. Statutory Authority: RCW 18.35.161. WSR 04-02-068, § 246-828-350, filed 1/7/04, effective 2/7/04; WSR 98-06-079, § 246-828-350, filed 3/3/98, effective 4/3/98; WSR 91-11-031 (Order 165B), recodified as § 246-828-350, filed 5/8/91, effective 6/8/91; WSR 89-04-017 (Order PM 818), § 308-50-420, filed 1/23/89; WSR 86-09-064 (Order PL 586), § 308-50-420, filed 4/17/86.]