contract breach

[kscris]

I live in Texas and I have a huge problem. Last month my husband and I signed a contract while purchasing a water softner system. At the bottom of the contract it says that we have three business days to cancel the contract which started on a Thursday, so three business days later would be Monday. We took in the terminated contract to the business on Monday morning and they argued that Saturday was the last business day even though they weren't open or answering phones. The manager offered me a check for $500 to spend any way I wanted if I would keep my mouth shut and accept his product. We declined. The contract also says that the product is to be installed in a timely manner within 30 days and it has only been partially installed. It has been more than 30 days since we signed the contract. We have made phone calls to the company and have written letters only to have absolutely no reply. They have made no effort to contact us. My question is: When I take this to small claims court, am I sueing the business, the manager, or both? Does this seem like a breach of contract in two ways? Does a customer actually have a chance with a big bully business? Please help!

 

[JETX]

First, I am NOT going to take your silly ass poll. They are worthless in a case like yours where NO ONE but you have any idea what your evidence is, what your presentation will be or what defense the other party might offer.

So, with that out of the way.....
Q1) "When I take this to small claims court, am I sueing the business, the manager, or both?"
A1) Neither. You show the business OWNER as the defendant. If it is a d/b/a, you list the individual that owns the business. If the business is a corporation, you list the corporation with service on the registered agent.

Q2) "Does this seem like a breach of contract in two ways?"
A2) No.

Q3) "Does a customer actually have a chance with a big bully business?"
A3) Depends entirely on your case and its presentation.

Run, don't walk, to the nearest bookstore or library. Get a book called "How to Win in Small Claims Court in Texas" (2nd Edition). Read it. Follow it.

Now, lets talk about your 3-day cancellation notice. Did you give it to them in WRITING on Monday???? Did you subsequently make any payments or allow them to provide ANY portion of the contract (your post says YES)?? If so, you have effectively rescinded your cancellation notice!!

Finally, you need to understand the law that you are considering using.... the '3-day cancellation' allowance is provided in the Texas Business & Commerce Code, Chapter 39 at:
http://www.capitol.state.tx.us/statutes/bc/bc003900toc.html

Also:
http://www.oag.state.tx.us/consumer/brochure/door.html