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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 111468
Experience:  Attorney experienced in commercial litigation.
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My husband and I are senior citizens. This last week I

Customer Question

My husband and I are senior citizens. This last week I signed a contract to purchase a heater and air-conditioning package for $18,134.00 through a company refered to us by Home Depot in Lake Elsinore. Financing was through HERO, a Riverside County government program. The salesman represented himself as from Rightime, yet the contract I signed was a Home Depot contract. The relationship between Rightime and Home Depot was not revealed to me by representives from either company. The pros and cons of financing through HERO was not revealed to me. The morning after signing the contract installers arrived to start installing the units. I realized the units were too large for our small home, did some research on the Internet, became scared when I learn the HERO program would superseded our 1st mortgage. Did not let installers return to complete job. Cancelled both the HERO contract and the Home Depot contract within my 3 day grace period. My heater/air-conditioner cannot be returned as they say they have already been recycled. They will be coming this week to remove the units they install. Should we seek assistance from an attorney and if so what kind of attorney.
Submitted: 8 months ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
They were liable to install proper size units for the home. If they removed the old units already, they have to replace the old units with a comparable unit if you cancelled within the contractual cancellation period and if they refuse to make replacement of the old units, you would have the right to sue for breach of contract and negligence as well for bringing the wrong size units for your home.
If they are refusing, you can get a local consumer protection attorney to assist you in pursuing them for their negligence and breach of contract.