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Window Factory

Anne of Saratoga CA (8/27/01):
On August 23, 2001, I signed a contract with Window Factory of San Rafael to do window and door replacement in my home. This contract included a $1,000 down payment. The next morning, on August 24, I called to cancel the contract.

The owner of the company, Leon Blum, refused to accept my request. According to him, the three day cancellation policy was not valid because the contract was signed in the showroom instead of my home. However, all negotiations and the final offer was settled in my home.

I've read through the contract that I signed; it clearly states "the buyer may cancel the agreement at any time prior to midnight of the third day (excluding Sunday) after the day he signed the agreement." It did not mention the location where the contract had to be signed.

I even received a faxed letter from his lawyer on the same day, August 24, which threatened me to "fulfill my obligation", otherwise I'd be "liable for damages, including attorney fees and other attendant costs."

It's a big mistake to try to to cancel a contract verbally. Anne should have read the contract thoroughly, then cancelled it in the manner prescribed in the agreement. Chances are the contract specifies that cancellations must be in writing and must be delivered by certified mail or other verifiable method. Nevertheless, Anne should immediately consult an attorney or her local consumer protection agency.

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October 8 2008

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