Legal Question in Construction Law in Illinois

Here is our story we were solicited by a door-to-door salesperson selling siding.He then sends a sales representative to our home we look over his product we like what we see and the price is ok, as well. We sign the contact. What we ordered was siding for our home. It was supposed to be 5 � in corner post on the house. This took place on March 31st

on April 7th, they send out their person who does the ordering and measuring of our home. He states to my Husband that what we ordered is not available at all, and the sales representative has made a mistake as this is not even something we can get as they do not make this. He tells my husband that the sales representative lives in a fantasy world and he lives in the real world. We call the sales representative and he admits that he made a mistake, and we cannot get this item. They will replace it with a different product and a different size corner post. We tell him this is not what we agreed upon.

He asked if he could meet with us, again we agree to meet with him. He shows us what he can give us which is a 3 � inch, post the color is different along with the quality. We tell him this is not what we want ordered. We tell him we are going to cancel, and he tells us that the owners will sue us if we do this because they have the right to change the product. The problem is the product was never available, as it never existed. Since we gave them, a deposit of three thousand are we now bond to this contact? As we feel, this was fraud, as he never had the product or the old bait and switch tactic.

Thank you for your time and advice,


Asked on 4/14/14, 7:26 pm

1 Answer from Attorneys

Someone will have to look at the contract you signed. Sounds like a bait & switch operation but if the contract gave the seller some lee-way in terms of product, even if the one you wanted was specified, then there may be some issues. But get an attorney involved immediately; they may get scared off.

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Answered on 4/15/14, 1:16 pm


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