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rescission legalities

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CarolynPat

Junior Member
What is the name of your state?Arizona


I called the a/c co.because they had solicited me to service my a/c unit in Nov. The unit was working at the time and I didn't use it until I turned it on in June. It turned on but no cold air. I believe they did something to alter it's condition. The house was 103 for 3 days before they showed up at 7:30 instead of between 2-5. I signed a contract for a new air conditioner under duress at approximately 9:30 pm after having been lied to about the condition of my a/c unit and having parts installed that were represented to be new but were used.I was going to pay for the parts installed but the tech told me I was making a big mistake, that the parts may not last even a week and that he would reclaim the parts when he installed the new a/c. After signing the contract, the tech wrote contingencies on the contract while I wrote a deposit check for $1,000.The next morning I made an appt with another a/c company for a survey and found the parts to be used and may not have been necessary. I cancelled by phone at 10:15 & in writing and stopped payment on my check. He says I can't do that and is trying to collect. He said he had ordered sheet metal initially but has now acknowledged that statement was not true. Nothing was ordered and no work was done on that contract. Am I justified in cancelling or do I have to forfeit my $1,000 deposit? The contract states I waive my "right of recession" not "right of rescission"and says if I cancel the contract my deposit is non-refundable.The deposit was to cover items that were never ordered or installed. The tech didn't sign or date the contract.
Is it legal to take my 3-day right of rescission away, and is this a valid contract since it wasn't signed by the company representative? Aren't salespeople required by law to provide the consumer with a cancellation contract? Also, I told they I would pay for the USED parts buy not at new cost and they haven't sent me an invoice. Since this happened July 20, do I have to relinquish the parts or pay for them?

Any help would be greatly appreciated.
 



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