Legal Question in Business Law in California

Revised vs original contracts

Original contract signed for closet installations. Contract provides for 3 day cancellation period and a 50% deposit and first payment. Contract was cancelled (notified salesperson by phone and faxed contract to company) however they did not acknowledge receiving fax. I contracted with another company, but when first company contacted me re: installation, I agreed to discuss revised design as they had built the cabinets. We signed revised contract, same forms as original,toward which my original deposit was applied. I cancelled this contract within the 3 day period via phone, fax and mail and requested refund. They refused refund on basis that the deposit was applied to original vs revised contract therefore never cancelled. They also refuse to provide installation of revised design on basis that the revised contract was cancelled. I believe the revised contract made the original null and void, and therefore they should refund the deposit. What are my rights re: the revised vs original contract? Thanks.


Asked on 10/27/01, 1:27 am

1 Answer from Attorneys

Ken Koury Kenneth P. Koury, Esq.

Re: Revised vs original contracts

sounds to me like both contracts were properly canceled.

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Answered on 11/22/01, 4:45 pm


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