Legal Question in Consumer Law in Massachusetts

Good evening,

I had contracted with a company to replace the windows in our home, and they arranged for me a 1-year, interest free loan to pay it off. Now, after the windows were already been custom-made, they told me that they have to switch the financing company. I went ahead with signing the documents, and didn't read closely, assuming the documents were in accordance with the verbal agreement. Then, I found out that the 0% is no longer available, but that he (the window company) would send me a monthly check to cover the interest payments. I emailed him after that telling him I am not happy with the new details, and want to cancel it, and to either cancel the deal itself or work out some other arrangement. For well over a month now, he is not responding to my emails, nor is he contacting me to arrange installment of the windows, even though the loan has been processed (which means he must have received his lump sum, and the finance company is asking me to make payments). I had already made a substantial initial payment when we first made the deal (before the loan agreement).

I wanted to find out where I stand legally: do I have grounds to cancel the deal and get my money back? Or is my only option now to force him to install the windows?

Thank you!


Asked on 10/27/11, 6:01 pm

1 Answer from Attorneys
Craig J. Tiedemann Kajko, Weisman & Colasanti, LLP

Based upon your (very good but) brief description, it seems likely you may have several potential advantageous in these circumstances, perhaps including those you mentioned and/or potentially several more. Hard to say without knowing lots more, but you might be able to claim the written contract here was modified, amended, etc., through the conduct of the parties to use or disclaim as is in your interest. But this depends; simply one needs to know much more to say much beyond this. Feel free to contact me to further discuss if you wish. Good luck no matter what.

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Answered on 10/27/11, 6:22 pm


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