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Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 54021
Experience:  Attorney with 29 years of experience.
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My 25 year old daughter had a salesperson to her house who

Customer Question

Hi...my 25 year old daughter had a salesperson to her house who was pitching very expensive cookware. She signed a contract for this cookware with a price in excess of $4,000.00 (for about 5 pieces of pots and pans). Their pitch is that it helps promote healthy cooking, even telling her that it can help in not getting cancer. She paid a deposit on her credit card for $526.00 and signed a contract that gave her a 3 day right to cancel. She signed (unfortunately) on November 30th. She has not yet received the products. If she refuses the products when they attempt to deliver, is there a way for her to cancel this?? and also, file a charge back with the credit card company? It is a scam in my opinion for what they are charging and praying on people who have just lost loved ones to cancer. I have a copy of the one page contract that she signed.
Submitted: 12 months ago.
Category: Legal
Expert:  Richard replied 12 months ago.

Good evening. My name is ***** ***** I look forward to helping you.

Although she would be outside the California 3-Day buyer remorse law, she would still have a basis upon which to terminate the contract and get her money returned. She could claim the seller was guilty of fraud, misrepresentation and/or that the contract is simply unconscionable. What she wants to do is raise the stakes on them. She should send them a communication...email if possible since that's the quickest...informing them the product was misrepresented (it's doubtful they can back up their claims made about this product) and the contract unconscionably one-sided, and terminate the transaction and demand they refund her money within a short specified period of time. She should inform them that if they do not comply with her demand within a short specified period of time, she will have no choice but to file a suit to recover her money. BUT, she wants to specifically let them know she will be filing this claim as fraud, deceptive trade practice, and contract of adhesion causes of action, which will entitle her not only to a full refund, but also an additional amount equal to multiple times her actual damages as punitive damages. That should provide plenty of incentive to comply with her demands; but, if it does not, she should file her suit. Even if she has to file the suit, that's likely all she will need do. In my experience, they will settle this without a hearing rather than risk punitive damages and the fraud and/or deceptive trade practice judgments being on the record.

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