Legal Question in Consumer Law in Georgia

On Jan 22, 2010 a sales person (Co Owner of this company) came to our door in regards to Solar products and offered us a deal that we signed that same day (evening). He told us and it states on the contract "You, the buyer, may cancel this transaction at any time prior to midnight of the third business day after the date of this transaction. If customized materials are ordered, a 25% cancellation fee may be required. This contract is NOT contingent upon financing. All materials are covered by manufacturer's warranty."

The sales person signed that states on that section of Acceptance of Proposal "The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified Payment will be made outlined above" dated the same.

On our part we thought we had 3 days to think about this and still have a chance to cancel. On Jan. 24 my husband called the local office and spoke to someone and told them we wanted to cancel our agreement verbally and leave a message to our sales person. On Monday Jan. 25 our sales person called and spoke on the phone with my husband saying he only got the message and have already put the order in. He had to check to see if he can stop the order and mentioned about the 25% cancelation fee. He said he would call back, he did not that day.

On Jan. 26 my husband called him and found out the cancelation fee is $800 to stop the order and that was the accrued amount for when he put the order. He told us he put the order in that same day when we signed. From Friday evening 8pm to Monday afternoon, he claims he put the order that same night.

1) My question is does this company have the legal right to charge us that $ amount? I would like to add it is far less then the 25% cancelation fee from the total in the contract.

2) Is this worth taking action of being mislead?

We feel, we have given them time and it's not our fault he did not check his message that we canceled.

3) Should we ask to show proof of him putting the order in?

Today the sales person gave us another option of doing only some of the job for a fraction of the price, instead of handing over $800 and not get anything back to them. We have until this Thursday to give him the answer on what to do.

4) What would be the best approach to handling this delicate situation?

Signed,

Confused Customer


Asked on 1/26/10, 10:19 am

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Assuming that you have a contract that falls in a three day cancellation period, the answers you ask are in your contract, which we have not read. Most require written cancellation. At this point you need to let a lawyer see your contract.

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Answered on 1/31/10, 4:49 pm


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