contracts

rescission

Rescission is the cancellation of a contract that returns the parties to the positions they were in before the contract was made, including returning any deposits. It may occur by mutual agreement, by court order due to fraud, mistake, or misrepresentation, or by statutory right, such as the three-day right of rescission under the Truth in Lending Act for certain refinance loans.

Exam tip
Rescission undoes the contract as if it never existed; it differs from suing for damages, which keeps the contract and compensates for breach.
Example
A buyer discovers the seller hid foundation damage; a court rescinds the sale, the buyer returns the deed, and the seller refunds the $350,000 price.

Related terms & state variants

Sources

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Last verified: 2026-10-23