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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 29066
Experience:  Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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I am *** ****** from Clyde, Ohio. If my memory serves me

Customer Question

I am *** ****** from Clyde, Ohio. If my memory serves me correctly, I inquired on the internet for information. The salesman called me and set up appointment to come to my house on a Saturday, he sat at my kitchen table in July. The company is not from Ohio, but the salesman lives in the Datyon area. He promissed me that if I changed my mind that I would get my $500.00 back in full. But I needed to give him a down payment and that would lock me in from any price increases. Well here it is in Dec., I have called the company and the lady on the phone tells me that 'so & so'' will call you tomorrow-I've heard that 3 or 4 times-I'm still waiting. I have called the salesman -he says it is out of his control, but he will pass the info onto his boss and it will be up to him to get back to me-I'm still waiting.
What recoarse do I have? When I called the salesman to cancel the order, he asked me why? I told him that I got a bigger steel barn for ~ $3000.00 less. He told me, 'ok' I will turn this into my boss, and get the ball rolling for your refund.
Please Help,
Thank You,
*** ******
**** ******* **.
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Submitted: 1 year ago.
Category: Criminal Law
Expert:  Lucy, Esq. replied 1 year ago.

Hi Bob,

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

As a general rule, sales that occur in your home from a salesman can be cancelled under federal law within 3 business days, and the contract must say as much. There is no general right to cancel a contract beyond that once it's signed unless the contract says so. What the law says is that the written, signed agreement supersedes everything the two of you talked about it before you signed. So look through all your documentation carefully to see if it says you can get your money back, and if so, under what circumstances.

Also look at when the item was supposed to be delivered. If they were supposed to give you a barn in July, then you might have a claim that they breached the contract by not delivering. If you just put down a deposit to lock in the price with the intent to finish the order later, that's binding. You wouldn't be able to get that refunded. So the original terms of the agreement are very important.