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The right of rescission is the consumer's right to cancel certain real estate loans. The act of rescinding is the cancellation of a contract, and the parties return to the positions they would have had if the agreement had not been made.
In many cases, to have a contract rescinded, a court must determine that there is a legally valid reason to void the contract. Since a contract is a binding agreement, it cannot simply be rescinded because parties have had a change of heart.
The navy rescinded its ban on women sailors. The company later rescinded its offer/decision.
Rescission involves canceling a contract and treating it as though it never existed by ensuring that all its effects are eliminated. To return all parties to their original state, things that were exchanged, such as money, must be returned.
Mutual consent: Mutual consent means that both parties must show that they agree to have the contract cancelled. The best way to show consent is by using another written document. The written document should say clearly that both parties agree that the contract should be terminated.