a financial application turn out to be a contract

[kaycee28]

A sales person of The Pool Depot of Texas came to our house om May 6, 2001 and sold us a swimming pool for $14,500. He will give us $3,500.00 discount if we let them show it to the public for 4 times. To us that is a big discount and we thought we are getting a good deal. He asked us to sign a paper to get an approval, for credit check, and finance. After we signed it he sealed it in the enveloped. We did not see it again until 2 days after when I found a pool with the same feature for only $2,800.00. We still did'nt know it was a contract. My husband and I signed the cancellation on May 8, 2001, and mailed it. The pool depot of texas called on May 11 and told me that we are qualified to get a pool for 15% APR. I told him that I will let my huband know. Next day May 12 my husband called them to let them know that we cancel it. The rep. from The pool depot of Texas told us that the paper we signed was a contract, and because the mail was posted May 12 that we can not cancel anymore, and if we do they will take away our house or put $11,000 lien to our property. On May 14 someone called and speak with me he threatened me that if we don't buy their pool that we will lose the ownership of our home. He asked me if I am a student, and said that for a student I don't know how to read.

 

[loku]

Misrepresentation by pool salesman

The salesman misrepresented the document you were signing. Because of his misrepresentation, you did not intend to sign a contract and did not know you were signing one. If you can prove that, you should be able to cancel the contract.

One way to handle this is to have an attorney write them a letter on your behalf. That may scare them off.