Posted by Natalie-VA on August 15, 2006 at 12:14:32:
Shawn,
You’ve already seen 2 red flags…why wait for more?
Quit while you’re ahead. Cancel the contract in writing ASAP before they drag you out further than 3 days. Just MHO.
–Natalie
Window contract problem (long) - Posted by Shawn G
Posted by Shawn G on August 14, 2006 at 23:53:52:
I am located in Central Texas and have recently signed a contract to have new windows installed. When talking to the company’s representative, he gave us a price quote and financing options. My wife and I decided to accept the offer and finance the purchase.
We were told what the MAX interest rate would be, based on credit, and what the length of the loan would be. For a 10 year loan, we were told that it would be unsecured, anything longer was secured. We just received the loan paperwork today (2 weeks after signing the windows contract) and were shocked to see that it was secured with the house, after being told it was unsecured.
We called the company and the credit manager said that we had to either sign the dotted line or provide them cash ASAP, as the windows were already ordered. I explained that their was a notice in the loan package that said I could cancel within 3 days of receiving the loan paperwork as long as I returned all merchandise received. I have yet to receive anything, so I would think that I could cancel. They claim that is just canceling the financing, not the contract, and they will place a lien on the house and a negative remark in my credit record if I try to back out of the contract.
What are my options…are they correct that I cannot cancel this contract now, as the original document I signed said I had 3 days to cancel. The new document also says 3 days from receipt, but they say that is financing only. I feel that they have misrepresented themselves intentionally at my expense. Does anyone have any recommendations?
Thanks,
Shawn G
Re: Window contract problem (long) - Posted by dealmaker
Posted by dealmaker on August 15, 2006 at 07:47:12:
AFAIK the only “3 day right of recission” has to do with situations where the vendor comes to your place, which in windows he probably did. I’d cancel it and send it back TODAY, make a copy and go see a lawyer ASAP, but get it back in the mail today!
A. The windows probably have NOT been ordered, so they may not have any damages if they bring suit.
B. They probably don’t want any negative publicitiy you could bring to them.
C. WHY are you buying new windows? Prettying up the house or did you buy into their BS that it’ll save you a lot of electricity.
D. In my experience the pricing of windows, like lots of other high pressure sales home improvements, is so flexible it would make your head swim. Not saying that’s what’s happened here but I’ve got some acquaintances in the heavily promoted and advertised home improvement sales business, more variation from “quote” to “contract” than at a car dealer!
dealmaker
Re: Window contract problem (long) - Posted by Shawn G
Posted by Shawn G on August 15, 2006 at 08:05:57:
I recently purchased a house that was built in 1967 and has the old single pane aluminum windows. Thank you for the input. The VP of the company is supposed to call me by this afternoon to let me know what he can do. If I do not get the call by this afternoon, as expected, or do not get the answer I am wanting (i.e. they can live by their verbal agreement) then I think I will follow your advice to cancel and talk to the pro’s.
Thanks,
Shawn
Re: Window contract problem (long) - Posted by River City
Posted by River City on August 15, 2006 at 14:11:22:
Cancel the contract in writing. In your written statement, you need to specify what was said to you and your wife verbally and then specify where the written agreement differs. Tell the window company that you are going to file a claim with the Better Business Bureau and then do just that. You can file a claim online. It only takes a few minutes. The BBB will respond to your request very quickly in writing. They generally get results when they contact the company. Just make sure it is clear that what they verbally told you to get you to sign on the dotted line is NOT what the documents said…once you received them. Get out of that contract now. If they have been dishonest with you from the get go, you cannot expect them to suddenly become honest guys.
Time is of the essence.