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Infolawyer
Infolawyer, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 6607
Experience:  Licensed attorney helping individuals and businesses.
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Is there anything in Colorado law that states that the

Customer Question

Is there anything in Colorado law that states that the circumstances of a retail sale must be taken into consideration when evaluating the validity of a retail sales agreement.
Submitted: 3 months ago.
Category: Consumer Protection Law
Expert:  LawTalk replied 3 months ago.

Good morning,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. Please elaborate as to what the situation is and what you are asking. I have no idea what you are referring to. "Circumstances of a retail sale"?

Doug

Customer: replied 3 months ago.
Thanks, Doug.I am in Denver County Court pro se suing Home Depot over a home improvement they failed many times to provide.
They have filed a motion, ostensibly to answer a question of law, but in reality to achieve a ruling against my claim for consequential damages.
In their motion they site 2 commercial contract cases, and a waiver of claims for consequential damages in the boilerplate and follow-up forms, claiming that the terms of a consumer retail purchase agreement are subject to the same inviolability as the provisions of negotiated commercial contracts.In my response, I am comfortable demonstrating unconscionability, but I would also like to refute them by showing their cites as misapplied and off-point when applied to pre-printed consumer sales agreements. I seem to remember something about the circumstances, environment, etc of a consumer sale being relevant to determining what the consumer actually agreed to, the terms of the pre-printed form notwithstanding.Can you steer me in the right direction?
Thank you,
Paul
Expert:  LawTalk replied 3 months ago.

Hi Paul,

I am unable to further assist you in this matter, and I am going to opt out of your question and open this up for other professionals.

Your question is being placed back in the question list for other professionals to see, and to respond to. You do not have to stay online for the question to be active. Should another professional pick it up, you should be alerted by email unless you actively disable this feature.

There is no need for you to reply at this time as this may "lock" your question back to me, thus inadvertently delaying other professionals' access to it.

I apologize for any inconvenience and wish you well in your future.

Doug

Expert:  Maverick replied 3 months ago.

Welcome to Just Answer! My name is Maverick. Please give me a few minutes to review, analyze and/or research your inquiry and I will be back. Thank you for your patience.

Expert:  Maverick replied 3 months ago.

I can cite the pertinent law for you on this but my fee for doing that will be an additional $59.00. Please see my offer of additional services.

Customer: replied 3 months ago.
No thank you.
Expert:  Maverick replied 3 months ago.

Okay, I will opt out so another expert can try to assist you for lesser fee. If you change your mind, let me know. I have the legal cites pulled up.

Expert:  Maverick replied 3 months ago.

Parties in your state may agree to exclude consequential damages and such exclusions are allowed as long as they are not unconscionable. However, under certain circumstances, consequential damages are still available EVEN IF there is an exclusion in the contract.

Customer: replied 3 months ago.
Thank you.
Expert:  Maverick replied 3 months ago.

Sure. There is case law that supports this but it was not easy to find and that is why I made the offer to you earlier. The offer is still pending if you decide down the road to accept it.