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Ask Maverick Your Own Question
Maverick
Maverick, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 5767
Experience:  20 years of proefessional experience
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I had a home improvement company come to the house. I thought

Customer Question

I had a home improvement company come to the house. I thought I wanted to redo the bathrooms . I want to cancel the contract but they tell me I cant because the materials have already arrived and it has been past 30 days .. Do I really have to go into debt for $17,000 for something I dont want and may not be able to afford at this time.
Submitted: 7 months ago.
Category: Consumer Protection Law
Expert:  Maverick replied 7 months ago.
Welcome to Just Answer (“JA”)! My name is Maverick. Please note that: (A) The information we provide is general information. No attorney-client relationship or privilege is formed by communicating with me. If you want legal advice, you must consult with a local attorney in person before acting or deciding not to act based on any information given here; (B) Experts answer questions based on the honor system. When I feel that I have provided you with a complete answer, I will ask for you to assign a feedback rating so that JA will compensate me for my time; and (C) You should not be concerned about any short delays between your questions and my replies. Please know that I answer most questions within the hour if I am signed on. If I am not signed on, then I still make every attempt to respond within 24 hours. Thank you for taking the time to understand how this site works. By continuing, you confirm that you understand and agree to these terms. 1. ON WHAT DATE DID THEY COME TO YOUR HOUSE?2. ON WHAT DATE DID YOU SIGN THE AGREEMENT?3. ON WHAT DATE DID YOU CALL AND LEAVE THE MESSAGE TO CANCEL?4. CAN YOU UPLOAD A COPY OF THE AGREEMENT SO WE CAN TAKE A LOOK AT WHAT YOUR RIGHTS MAY BE UNDER IT?
Customer: replied 7 months ago.
1. came on 2/17/16
2. signed on 2/17/16
3 called to cancel 4/26/16
4. unable to download
Expert:  Maverick replied 7 months ago.
Under TN law, here are some of the situations in which you do or would have had a right to cancel the contract: Since more than 3 days went buy, it appears this law will not be of any use to you. When this happens then your cancellation right are as defined under the contract you signed. What this usually means if you cancel now is that they would have a right to sue you for their lost profit on the sale plus any consequential damages. So, for example, if they were going to make a profit of 5k if they had completed the job, then they could sue you for that now even if the job was never started. Also, say they ordered materials for 8k and now have to return them. The cost of transporting them back to the seller and any restocking charges would be additional damages that you may owe. Sorry, I know this is not what you wanted to hear; but I am assuming that you are paying for an honest and professional answer.If the SELLER makes the first contact and everything takes place in your home, or over the telephone, you have three days to cancel.If YOU call the seller for repairs, but when he or she comes to your home, he or she sells you something more than the repairs, the sale of those additional goods can be canceled within three business days.If the seller does NOT have a fixed business location in Tennessee and sells you something out of a hotel room or some other temporary location, you may cancel within three days.