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LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 24845
Experience:  10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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I signed a contract and gave a deposit to purchase a

Customer Question

I signed a contract and gave a deposit to purchase a generator on 11-25-15. The
generator was going to be installed after 12-25-15. Today I spoke with the propane
company to find out what was needed from them to complete the installation of the
generator and was told it would cost me over $1,000 to run the generator for 6 1/2
days. I then realized I can't afford the fuel to run the generator as I am retired on a
fixed income. I live in Virginia. May I cancel the contract and get my $4,515 deposit
back.
Submitted: 1 year ago.
Category: Legal
Expert:  LegalKnowledge replied 1 year ago.

Good afternoon. Does the contract have a damages clause stated within? I know work has yet to begin but curious if there is a clause in the contract?

Customer: replied 1 year ago.
I don't see anything that refers to a damages clause on the contract.
Expert:  LegalKnowledge replied 1 year ago.

Thank you. The seller could sue you for damages suffered. Even though they have yet to start work and install it, they could go after you for the lost profit, which they expected to make, from the sale. They are able to do this because there is a signed contract and prior to entering into it, there is a burden on you, to perform your due diligence, in regard to the cost to run this. The high cost is not a legal defense to back out and if there is no defense, then you would be liable. Of course, you can contact them and explain the situation and hardship and see if they would allow you to walk away but if not, you do want to try and settle with them and see if you would simply have to forfeit your deposit or if they can go after you for more, which should be stated in the contract as well.

Expert:  LegalKnowledge replied 1 year ago.

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