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Dwayne B.
Dwayne B., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 33075
Experience:  Practicing for over 20 years and handled many cases and trials for consumers.
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Can a customer back out of a contract with a moving company

Customer Question

can a customer back out of a contract with a moving company once the furniture has been loaded on a truck?
Circumstances are -
estimate for moving from Florida to Texas was $1,600.00
Movers came late to the residence of the customer causing him to miss work that night - 5 hours late and Loaded the truck - 6:00PM, 11/25/15.
the customer helped pack 30 boxes while the estimate was for 56 boxes.
The customer helped load the truck.
The price jumped from the estimate to $7,200.00
Can the customer now back out since he is within 3 days, i.e., does buyers remorse apply?
What can he do?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Dwayne B. replied 1 year ago.

There is no 72 hour rule in cases like this despite what many people believe. That law only applies in very limited circumstances like door to door sales and certain real estate transactions.

However, the issue here is really that there was no valid contract formed since the customer believed they were going to be charged about $1500 and the moving company now states it will charge more than quadruple that amount, $7200. In order for there to be an enforceable contract all material terms must have been agreed on and in this case they weren't.

The moving company may possibly be able to sue for "quantum meruit" for the work of sending the truck there, loading the truck, etc. but the contract to move the items doesn't appear to be enforceable under the facts you have given.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread.