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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 27621
Experience:  Lawyer
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I would like to cancel Sears contract remodel. I signed the

Customer Question

I would like to cancel Sears contract for kitchen remodel. I signed the contract 4/1/2016. The work has not been started and I am nervous about the state of the co. I heard in the news Sears is not doing well, and after a long time I fear this was not a good idea on my part. The whole thing makes me nervous.
JA: Have you talked to a lawyer yet?
Customer: No.
JA: Anything else you think the lawyer should know?
Customer: After signing I had not heard anything from them. I thought they forgot until this Friday, July 8, when I got a message they want to schedule.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Consumer Protection Lawyer about your situation and then connect you two.
Submitted: 4 months ago.
Category: Consumer Protection Law
Expert:  Lucy, Esq. replied 4 months ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

The answer here is actually going to be listed in your contract. The default position in the law is that a contract is final once it's signed, and if either party backs out, the other can sue for damages. The damages in this scenario is the profit that Sears would have received if they'd been allowed to do the job, and that's something they would have a legal right to sue for if you canceled without legal justification. Buyer's remorse is unfortunately not considered a legal justification for canceling, and neither is hearing rumors about the company. If you can get some evidence that they're having financial troubles and may not be able to complete the work, you can send them a written request for assurances that they will perform. But you'll only have a legal right to cancel if your contract gives you one. It might. Read through it carefully.

If the contract doesn't say anything about canceling, you can still ask them to cancel the deal as a customer courtesy. Big companies will sometimes do that because they want you to come back with later projects, and they want you to refer them to your friends. Just keep in mind that, in that scenario, you're negotiating for a favor rather than something they're legally obligated to do.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Expert:  Lucy, Esq. replied 4 months ago.

Did you have any other questions about this?