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Damien Bosco
Damien Bosco, Attorney
Category: Real Estate Law
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95 year old mother signed a Construction Contract/home

Customer Question

95 year old mother signed a Construction Contract/home improvement for a walk-in tub with Safe-Step Walk-In-Tubs that manufactures the tubs. The salesperson said that he could offer her a substantial ($2000) discount for a "floor model" that is brand new but is taken to home improvement shows as a display model where people can see the actual tub and sit in it to get a feel for the tub.
It is beyond the 3-day Right of Rescission period. The contract that if the contract is cancelled after the rescission period and after measurements and/or materials have been ordered, that the Buyer is liable for 25% minimum the total sales price and/or the total cost of the materials, cost of all labor, equipment and permits already furnished.
Since no costs to manufacture a custom tub have been incurred by the company because she purchased a 'floor model" can she still cancel the contract and if so is she liable for the 25% fee?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Damien Bosco replied 1 year ago.

Hello. My name is***** will be helping you with this question. As you state the rescission period passed. As you also imply, the person who signed the contract may have limited capacity and understanding of what she signed. You did not mention if you called on her behalf to cancel the contract. Nor did you mention whether there was a down payment, or was it paid in full by check or credit card. It would seem that if you attempted to contact the owner or manager they would be somewhat understanding if you present the facts to them. I am not sure if you did or not. Ultimately, if you need to argue that the contract should be null and void, the argument would seem to be the lack of understanding of entering the contract. If you have further follow up questions, please let me know.

Expert:  Damien Bosco replied 1 year ago.

Hello Robert. I am following up on our previous conversation. Let me know what happened.

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