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Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 54357
Experience:  Attorney with 29 years of experience.
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I entered into contract to purchase windows on 6/2015.

Customer Question

I entered into contract to purchase windows on 6/2015. Company took check for 1634. Contract states windows will be installed on or about 6-8 weeks. Placed multiple calls each time got excuse. Finally got date for 9/17. That morning they canceled. Called office they promised to call on Monday. Called office today to get status. They could not find records, will call me back. I syllable owe 1634 when installed. According to contract I owe even if I cancel because of custom window. What can I do?
Submitted: 1 year ago.
Category: Legal
Expert:  Richard replied 1 year ago.

Good morning. My name is ***** ***** I look forward to helping.

You do have recourse here. The company is in default and thus does not get to benefit from any non-cancellation clause. What you want to do is raise the stakes on them. Send them a certified, return receipt requested letter detailing the history and their default, terminate the contract and demand they refund all your money since you no longer have confidence in them. Inform them that if they do not comply with your demand within a short specified period of time, you will have no choice but to file a suit for your damages. BUT, be sure to specifically mention that you will be filing this claim not only as a breach of contract case, but also as gross negligence, fraud and deceptive trade practice causes of action, which will entitle you not only to your damages, but also an additional amount equal to multiple times your actual damages as punitive damages. That should provide plenty of incentive to comply with your demands; but, if it does not, file your suit. Even if you have to file the suit, that's likely all you will need do. In my experience, they will settle this without a hearing rather than risk punitive damages and the judgments being on the record.

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