Ben Entered into a Contract with Clooney Construction Inc

Ben entered into a contract with Clooney Construction Inc. under which Clooney agreed to do $40,000 worth of remodeling of his home. Clooney agreed that the contract price could be paid in installments, and that to secure these payments, Clooney would take out a second mortgage on Ben's home. The day after signing the contract, Ben had second thoughts and immediately hand-delivered a written notice to Clooney stating that he wanted to rescind the contract. Which of the following statements is true of this case?

A) Ben can rescind the contract under the rescission right of the Truth in Lending Act.
B) Ben cannot rescind the contract because the transaction involved more than $25,000 and was, therefore, not covered by the rescission right in the Truth in Lending Act.
C) Ben cannot rescind because the rescission right in the Truth in Lending Act does not apply to transactions in which the creditor takes a mortgage to secure the loan.
D) Ben can rescind the contract under the seller's right to cancel the right provided by the Truth in Lending Act as their house was not used as collateral.

Correct Answer:

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