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P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 30782
Experience:  16 yrs. of trial experience
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I signed a contract of sorts with a mobile home park last Thursday,

Resolved Question:

I signed a contract of sorts with a mobile home park last Thursday, Aug. 29th, and gave a deposit check for $1000.00. By the next day, Friday, I changed my mind based on all the repairs that would be needed, etc., and called to cancel and request my deposit returned. I was told Thursday afternoon that we wouldn't get park approval until Tuesday, tomorrow, because of the holiday, but I just discovered that they already cashed my check last Friday. The salesperson said on Friday that she would attempt to get a refund, but everyone was gone for the weekend. Do I have any recourse if they refuse a refund, and are there any Florida laws supporting a right to cancellation (and refund) in this scenario? Thanks. Ps: my email address is:XXX@XXXXXX.XXX and my name isXXXXX
Submitted: 2 years ago.
Category: Legal
Expert:  P. Simmons replied 2 years ago.
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question

This depends on the contract. What was the contract? Were you contracting for staying at the park? If so, did you reach an agreement on this contract (they agreed to let you stay at the park in return for you paying money to stay there)?
Customer: replied 2 years ago.

We were not offered a copy of the contract. This was not a closing, but rather giving power of attorney for the Park to deal with Motor Vehicle here in Florida. Also, per salesperson's request, the check and paperwork were predated to the day before (Aug. 28th). The intent was to purchase a mobile home in this park: there would be a lot rent in addition to making a cash purchase at closing.

Expert:  P. Simmons replied 2 years ago.
The fact they did not give you a copy of the contract is not significant...that is, it does not void a contract if both parties are not provided a copy.

But what that contract says will be significant, I suspect.

If the contract was only providing a power of attorney and nothing else? Then you should consider revoking that power of attorney. You can do that in writing, giving them notice you revoke the power of attorney you provide them.

A power of attorney is NOT a contract.

Now, if there was a contract for some other purpose? And you came to agreement (you signed the contract)? Then it may well be you are bound by the terms of the contract.

Under FL law there are a few contracts that are subject to a "right of recession" (right to cancel). In Florida, if you contract for services to be rendered in the future on a continuing basis, you are entitled to a three day cooling-off period. And in Florida, if you purchase a timeshare you have a 10 day right to cancel.

But what you describe? If you have a contract to stay at the park? There is no automatic right to cancel involved under state law.

So if you have a contract (and not a POA) they can likely hold you to the terms of the contract.

But if you do not have a contract? If you did not agree to any contract terms? Then you are not obligated to a contract and can demand your money back

You may want to contact this park tomorrow and ask for a copy of what you signed to see if it was a contract or not.

Please let me know if you have more questions...happy to assist if I can
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 30782
Experience: 16 yrs. of trial experience
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