I signed a contract for some renovation work on my kitchen and made a down payment of $1,000. Over one month before the project start date but after the 3 Day Right to Cancellation period, I cancelled and am trying to get my down payment back. Rather than return my down payment, they have decided to hold on to it until I decide to proceed with a kitchen renovation project. And if I do not proceed within a year, they will simply keep my down payment. I have no interest in doing any business with this company.
The project was never started. We never met with the draftsman to prepare blue prints which is the first step in the project and needed to manufacture anything. No work was performed and no materials were purchased or used. The only thing that happened was the free consultation meeting with the sales person.
If they keep my down payment, its completely free money for them. I don't think they deserve to keep my money since they didn't earn any of it. So I'm looking for advice on what I can do or use to get them to refund my down payment.
Here are some other particulars related to the contract:
1. The front side of page one (of 5 pages) of the contract states simply that I may be subject to a cancellation charge if I cancel after the 3 Day Right to Cancel period.
2. There are 25 "conditions" printed on the back of pages 1 and 2. Condition # 20 has specifics about the cancellation charge - forfeiture of the down payment, 50% or more of the total contract cost may be charged and no credit will be issued for materials not used or installation not completed.
3. Condition # 25 talks about acknowledging that I have read and understand the contents of the agreement. Below it is a signature and date line that I did NOT sign.
4. On the front side of the pages, there is no mention that there are terms on the reverse side. I've read that the "Duty to Read" rule has an exception for provisions printed on the reverse side of a contract that aren't pointed out to the signer. Seems like this would make all 25 conditions printed on the reverse side non-enforceable?
The project was never started. We never met with the draftsman to prepare blue prints which is the first step in the project and needed to manufacture anything. No work was performed and no materials were purchased or used. The only thing that happened was the free consultation meeting with the sales person.
If they keep my down payment, its completely free money for them. I don't think they deserve to keep my money since they didn't earn any of it. So I'm looking for advice on what I can do or use to get them to refund my down payment.
Here are some other particulars related to the contract:
1. The front side of page one (of 5 pages) of the contract states simply that I may be subject to a cancellation charge if I cancel after the 3 Day Right to Cancel period.
2. There are 25 "conditions" printed on the back of pages 1 and 2. Condition # 20 has specifics about the cancellation charge - forfeiture of the down payment, 50% or more of the total contract cost may be charged and no credit will be issued for materials not used or installation not completed.
3. Condition # 25 talks about acknowledging that I have read and understand the contents of the agreement. Below it is a signature and date line that I did NOT sign.
4. On the front side of the pages, there is no mention that there are terms on the reverse side. I've read that the "Duty to Read" rule has an exception for provisions printed on the reverse side of a contract that aren't pointed out to the signer. Seems like this would make all 25 conditions printed on the reverse side non-enforceable?
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