How much can I take up front on a home job, and when can the customer cancel?

Greymill AcademyUS6 min readReviewed Oct 202618 primary sourcesUK version

The short answer

Down payment limits, cancellation rights and required contract wording all change by state, and getting them wrong can mean refunds, misdemeanor charges or license discipline.

The takeaway. Before a home job, check your state's down payment rule, cancellation period and required notices, use the emergency waiver only for real emergencies, and put change orders in writing.

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Written for plumbers, electricians, water heater and heat pump installers, drain and sewer shops, and small multi-trade firms serving homeowners and property managers, with Texas, California, Florida and New York in detail.

The short version

  1. Check your state's deposit rule first.Several states control deposits: some cap the down payment, some require escrow or a bond, and some set deadlines to start work.
  2. Give the cancellation notice on home sales.Home sales usually carry a right to cancel. Even where a repair you were called for is exempt, extras sold on that visit are not.
  3. Keep the emergency waiver for real emergencies.It must be separate, signed and handwritten. Put every change order in writing too.

When you sell a job in the customer's home, federal and state cancellation rules apply, and several states also control deposits and contract wording. Check them before you take money, not after.

The rule

The federal Cooling-Off Rule

Home sales of $25 or more, or $130 or more at temporary locations, carry 3 business days to cancel, with written notice and a cancellation form. The rule does not cover a bona fide emergency where the buyer called you and gave you a separate signed, handwritten waiver, or a repair or maintenance visit the buyer asked for on their personal property, except extras you sell on that visit. That repair exclusion names personal property, so do not rely on it for work on the house itself. As of Oct 2026.

16 C.F.R. part 429, sec. 429.0

AvoidWriting every service call up as an emergency so the cancellation right never applies.
Do this insteadUsing the separate signed, handwritten waiver only for a bona fide emergency, and giving the cancellation notice for any replacement or extra sold on a repair visit.

The waiver is for real emergencies only, and no exclusion covers the upsell. A water heater sold on a repair call still carries the 3 business days.

State by state

The rule

California

The contract needs your license number, the required notices and a payment schedule linked to progress. The down payment may not exceed $1,000 or 10% of the price, whichever is less. Service and repair contracts of $750 or less follow their own section. A home solicitation contract is one of $25 or more made anywhere other than your business premises, such as the customer's kitchen table. Its buyers get 3 business days to cancel, or 5 if they are 65 or older, with an emergency waiver available. As of Oct 2026.

Cal. Bus. and Prof. Code secs. 7159, 7159.5 and 7159.10; Cal. Civ. Code secs. 1689.5, 1689.6 and 1689.13

A San Diego repipe with too much taken down (indicative, as of Oct 2026)
Down payment allowed: the lesser of $1,000 and 10% of $15,000$1,000
Refund owed to the homeowner$4,000
Down payment taken$5,000

Refund the excess, reissue a payment schedule linked to progress, and retrain the team. Taking too much is a misdemeanor and a ground for CSLB discipline.

The rule

Texas

Home solicitation sales over $25 carry 3 business days to cancel. Residential original contractors give the lien disclosure. A homeowner claiming a defect must give 60 days' notice, and you have the right to inspect and make a written offer. As of Oct 2026.

Tex. Bus. and Com. Code ch. 601; Tex. Prop. Code sec. 53.255 and ch. 27

The rule

Florida

Home solicitation sales carry 3 business days to cancel. Taking an initial payment over 10% for covered residential work means applying for the necessary permits within 30 days after payment and starting within 90 days after they issue, unless there is just cause or a written agreement for longer. It is not a deposit cap. Contracts over $2,500 include the Homeowners' Construction Recovery Fund notice. As of Oct 2026.

Fla. Stat. secs. 501.021 to 501.055, 489.126(2) and 489.1425

The rule

New York

Home improvement contracts over $500 must be in writing with the 3-day cancellation notice, and deposits go into escrow or are bonded. In New York City, the DCWP license number goes on the contract. As of Oct 2026.

N.Y. Gen. Bus. Law secs. 770 to 776

If you also sub to general contractors

The rule

Pay-if-paid depends on the state

A clause paying you only if the owner pays the GC is unenforceable in California and New York, where it can only time payment; enforceable in Florida only if it states the risk shift clearly; and allowed in Texas within the limits of the statute. Strike it or price the risk. As of Oct 2026.

Wm. R. Clarke Corp. v. Safeco Ins. Co. (1997) 15 Cal.4th 882; West-Fair Elec. Contrs. v. Aetna Cas. and Sur. Co. (1995) 87 N.Y.2d 148; DEC Elec., Inc. v. Raphael Constr. Corp., 558 So. 2d 427 (Fla. 1990); Tex. Bus. and Com. Code ch. 56

  • Broad form indemnity for the GC's or owner's own negligence: many states limit it, so cap it to your own negligence.
  • No damages for delay: seek time and cost for delays you did not cause.
  • Unconditional lien waivers before the check clears: use conditional statutory forms.
  • Home warranty company rate cards: check the fixed rates, payment terms and chargebacks for repeat calls against your cost per billable hour.

Put change orders in writing, and talk to a state-licensed construction attorney before you sue a homeowner or answer a defect notice.

Asked in Greymill

Example question and answer from Contracts & Disputes
You
Repipe in San Diego, $15,000. I want $5,000 down so the pipe and fittings are covered before I start. Homeowner is 70 and signed at the kitchen table yesterday. Is that deposit OK? When is the job locked in?
Contracts & Disputes
Too much. $1,000 is the most you can take down.

California's cap: $1,000 or 10% of the price, whichever is less (As of Oct 2026)
10% of $15,000: $1,500
Your cap: $1,000
Refund if you take $5,000: $4,000

Taking too much is a misdemeanor and grounds for discipline by the CSLB, the state contractors board.

The cancel window: home solicitation buyers in California get 3 business days to cancel, or 5 if they are 65 or older (As of Oct 2026). Signed at home and aged 70, this customer gets 5. The clock starts only once they have signed a contract with the written cancellation notice.

Instead: take up to $1,000, then bill on a payment schedule linked to progress. The contract also needs your license number and the required notices.

Ready for the progress payment schedule? I can draft it for this repipe.

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Your question

I run a plumbing, heating or electrical business in [state], in the US. Here is my home improvement contract [paste] and how we take deposits [describe]. Check it against my state's cancellation, down payment and required-notice rules, tell me what is missing, and redraft the emergency waiver and change order wording.

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Sources

The primary sources behind this lesson, checked Oct 2026.

  1. 16 C.F.R. 429.0, 429.1 (Home improvement contracts, cancellation and collections)
  2. 16 C.F.R. 429.0(a), exclusions (3) and (5) (Home improvement contracts, cancellation and collections)
  3. secs. 7159, 7159.5, 7159.10 (Home improvement contracts, cancellation and collections)
  4. Civ. Code secs. 1689.6, 1689.13 (Home improvement contracts, cancellation and collections)
  5. Bus. and Com. Code ch. 601; Prop. Code sec. 53.255, ch. 27 (Home improvement contracts, cancellation and collections)
  6. 2026 Fla. Stat. sec 489.126(2) (Home improvement contracts, cancellation and collections)
  7. Texas Occ. Code ch. 1304; TDLR provider registration and financial security (Hard cases: money, CONTRACTS and people)
  8. secs. 17600 to 17606 (Hard cases: money, CONTRACTS and people)
  9. 12 C.F.R. 1026.4 (Hard cases: money, CONTRACTS and people)
  10. Lab. Code secs. 226.2, 510 (Hard cases: money, CONTRACTS and people)
  11. Wm. R. Clarke Corp. v. Safeco Ins. Co. (1997) 15 Cal.4th 882 (Contracts, pay-if-paid, prompt payment, retainage and bonds)
  12. West-Fair Elec. Contrs. v. Aetna (1995) 87 N.Y.2d 148 (Contracts, pay-if-paid, prompt payment, retainage and bonds)
  13. DEC Elec. v. Raphael Constr., 558 So. 2d 427 (Fla. 1990) (Contracts, pay-if-paid, prompt payment, retainage and bonds)
  14. Bus. and Com. Code ch. 56 (Contracts, pay-if-paid, prompt payment, retainage and bonds)
  15. Prop. Code secs. 28.002, 28.004 (Contracts, pay-if-paid, prompt payment, retainage and bonds)
  16. Civ. Code secs. 8800, 8812 to 8814; Bus. and Prof. Code sec. 7108.5 (Contracts, pay-if-paid, prompt payment, retainage and bonds)
  17. Tex. Ins. Code ch. 151; Cal. Civ. Code sec. 2782 (Contract red flags)
  18. Tex. Prop. Code secs. 53.281 to 53.287; Cal. Civ. Code secs. 8132 to 8138 (Deliverables in house style)

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