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Non refundable deposit

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eburg4090

Junior Member
What is the name of your state (only U.S. law)? Washington State

Hello. Several years ago, my wife and I were planning to buy a (kit) home. The sales person pressured us to put $5k down to lock in the price for 12 months, "as lumber was sure to increse in price soon, and teriffs were going to increase also " (Canadian co. doing business out of the U.S). Our plans fell through, and we contacted the company for a refund, to find out it was non refundable. They said to refer to the contract for the details. There were two pages, 1) was the model, price, down payment etc. Both parties signed this page. 2) the second detailed delivery requirements, site prep,access, time frame etc.

Understand, the company had done nothing for us in terms of design work, cad/cam, planning etc. All they did was to sign us up, period!

I contacted the company with news I could find no such legal details. They said look at apge #1, "you signed the contract agreeing to both the pages in the contract. I asked them to send me a copy of all copies involved. When received, lo and behold, was a 3rd page, with all the legal terms. NONE of the 3 pages had references as to 1,2,3 etc. Twice again I have requested a copy of the legal terms page with a signature or an initial from me on it. THEY CAN NOT COME UP WITH ONE.

My question...

I feel the terms were not disclosed to me, and they can't proove I was ever supplied with one. Does the company not need my aknowlegement of receipt of the legal terms to (ie. initialed page) to proove proper disclosure?

Note; I found out a man in Oregon had a similar problem, same sales person, and was refunded the amount only when he threatened to go to the media, ie. KOMO news 4 people helpers. I
 
Last edited:


justice44

Junior Member
You Need Legal Counsel from an Attorney in Your STate

What is the name of your state (only U.S. law)? Washington State

Hello. Several years ago, my wife and I were planning to buy a (kit) home. The sales person pressured us to put $5k down to lock in the price for 12 months, "as lumber was sure to increse in price soon, and teriffs were going to increase also " (Canadian co. doing business out of the U.S). Our plans fell through, and we contacted the company for a refund, to find out it was non refundable. They said to refer to the contract for the details. There were two pages, 1) was the model, price, down payment etc. Both parties signed this page. 2) the second detailed delivery requirements, site prep,access, time frame etc.

Understand, the company had done nothing for us in terms of design work, cad/cam, planning etc. All they did was to sign us up, period!

I contacted the company with news I could find no such legal details. They said look at apge #1, "you signed the contract agreeing to both the pages in the contract. I asked them to send me a copy of all copies involved. When received, lo and behold, was a 3rd page, with all the legal terms. NONE of the 3 pages had references as to 1,2,3 etc. Twice again I have requested a copy of the legal terms page with a signature or an initial from me on it. THEY CAN NOT COME UP WITH ONE.

My question...

I feel the terms were not disclosed to me, and they can't proove I was ever supplied with one. Does the company not need my aknowlegement of receipt of the legal terms to (ie. initialed page) to proove proper disclosure?

Note; I found out a man in Oregon had a similar problem, same sales person, and was refunded the amount only when he threatened to go to the media, ie. KOMO news 4 people helpers. I
Hmm, that is something I would ask a certified attorney. Do you know any that are in your state.
 

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