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Ask Asad Rahman Your Own Question
Asad Rahman
Asad Rahman, Lawyer
Category: Legal
Satisfied Customers: 1739
Experience:  Practicing Attorney with 10 years experience
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I bought a Kirby vacuum from a house to house salesman worth

Customer Question

I bought a Kirby vacuum from a house to house salesman worth 2,500.00 to be paid in installments during three years. I was refusing to buy the vacuum but the young man kept insisting in different ways that we buy it, until we finally agreed. I put away the vacuum and never used it again and after two weeks of thinking the matter and being worried about the price and the payments, my son in law called the company to tell them I didn't need the vacuum and I didn't want it. They said they would respond later and after a week or so, they sent me a letter denying the devolution of the vacuum.
I called them again and told them I didn't want it and they denied it again; I called a costumer service office in Ohio and they said the same thing saying that I had only three days to cancel the operation or if I was 67 years old by the day we signed the contract, but I'll be 67 in two months. I've been reading a little to find a way to cancel this agreement the reality of things being that my husband and I are unemployed and don't even own a house. Yes, I know what you are thinking, it was a foolish thing to do but I felt sorry for the guy, who wanted to cry when I told him that I didn't want to buy his product.
I read about Title 16 CFR Part 429.2 and even told consumer service about part 429.2 but they didn't seem to care. They were very rude and didn't seem to care about the fact the I didn't want the vacuum. By the way I went to check vacuums at Home Depot and they are an average of $100.00, so I could buy 25 vacuums instead of one for $2,500.00.
Please advice me what I can do; so far people have given some bad advice but I don't want to ruin my credit. Thanks!
Submitted: 2 months ago.
Category: Legal
Expert:  Asad Rahman replied 2 months ago.

This is an excellent resource https://texasattorneygeneral.gov/cpd/door-to-door-sales

I am very sorry. Since you have not consumated the sale by full payment, you can terminate the contract. If they are refusing, then you may want to consider filing suit in small claims court. Also, did he notify you of your right to cancel orally and in writing as per Texas law? that is a basis to challenge it.

Customer: replied 2 months ago.
How do I file in small claims court? Do I have to get a lawyer? Seller did not notify me of my right to cancel orally and in writing!
Expert:  Asad Rahman replied 2 months ago.
For small claims court you do not need an attorney. Although you should have cancelled sooner I think you could still challenge the contract.

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