Closet World - 3 days Cancellation Contract

[palam001]

California
There was a sale presentation by Closet World designer at my house, she collected my signature on a contract saying that you have time to think about the design and let me know when its ok to move forward, so I find it too expensive and decided just ignore her, two weeks later I discovered there was 3 charges on my card within the week after the presentation, I found out later it was 20% deposit amount to $3700, I called the designer asking her why did she move forward without my approval of the design, she said you have to talk to the office and hang up on me, I called their office for weeks and no one would return my calls or messages at least 7-8 messages. I later found out she manage to push the contract forward without designed approved and they gave me a copy of the contract, it specific said in big bold letters if you initial here means, the sale representative or designer has explained the 3 days cancellation policy with you, there was no initial, just a signature on the bottom of the contract. I want to seek my money return because they have refused to cancel my contract or return the money. No product or service was rendered or received. Do I have a chance in small claim court or seek counsel??
Thanks for reading.
PL

 

[AlmostThere]

I would start by contesting the charge on your credit card.

 

[adjusterjack]

Do I have a chance in small claim court or seek counsel??

Hard to say. Here's an explanation of CA's right to cancel law from the CA Department of Consumer Affairs.

Consumer's Rights to Cancel Home Solicitation Contracts K-9 - California Department of Consumer Affairs

Study it carefully to determine if the seller complied with the terms of the law.

The guide has footnotes to statute numbers that you can look up at:

Code Search (ca.gov)

You might want to call the DCA for additional guidance.

If you want to dispute the items with your credit card company make sure you read and understand the procedures in your cardholder's agreement. There are deadlines and requirements for written notices.

 

[zddoodah]

Do I have a chance in small claim court or seek counsel?

No one who hasn't reviewed whatever contract/document you signed can intelligently opine about your chances.

For $3,750, you'd sue in small claims court, which means you cannot be represented by a lawyer. However, it might simpler/smarter/easier to dispute the charge with your credit card issuer. If your credit card issuer sides with the other party, then you could file in small claims court.

 

[quincy]

California
There was a sale presentation by Closet World designer at my house, she collected my signature on a contract saying that you have time to think about the design and let me know when its ok to move forward, so I find it too expensive and decided just ignore her, two weeks later I discovered there was 3 charges on my card within the week after the presentation, I found out later it was 20% deposit amount to $3700, I called the designer asking her why did she move forward without my approval of the design, she said you have to talk to the office and hang up on me, I called their office for weeks and no one would return my calls or messages at least 7-8 messages. I later found out she manage to push the contract forward without designed approved and they gave me a copy of the contract, it specific said in big bold letters if you initial here means, the sale representative or designer has explained the 3 days cancellation policy with you, there was no initial, just a signature on the bottom of the contract. I want to seek my money return because they have refused to cancel my contract or return the money. No product or service was rendered or received. Do I have a chance in small claim court or seek counsel??
Thanks for reading.
PL

Did the Closet World sales representative explain the 3-day in-home sales cancellation law to you? Did you receive a “3-day right to cancel” form with the contract?

Did you read through the contract carefully prior to signing? Did you ask about the clause mentioning right to cancel?

Why did you sign the contract if you found the cost was too much?

Why did you ignore Closet World for two weeks?

 

[Zigner]

California
There was a sale presentation by Closet World designer at my house, she collected my signature on a contract saying that you have time to think about the design and let me know when its ok to move forward, so I find it too expensive and decided just ignore her, two weeks later I discovered there was 3 charges on my card within the week after the presentation, I found out later it was 20% deposit amount to $3700, I called the designer asking her why did she move forward without my approval of the design, she said you have to talk to the office and hang up on me, I called their office for weeks and no one would return my calls or messages at least 7-8 messages. I later found out she manage to push the contract forward without designed approved and they gave me a copy of the contract, it specific said in big bold letters if you initial here means, the sale representative or designer has explained the 3 days cancellation policy with you, there was no initial, just a signature on the bottom of the contract. I want to seek my money return because they have refused to cancel my contract or return the money. No product or service was rendered or received. Do I have a chance in small claim court or seek counsel??
Thanks for reading.
PL

The fact that you have the contract which explains the 3 day cancellation means that you received notice. Did you also receive a separate cancellation notice form to return to Closet World?

 

[palam001]

No one who hasn't reviewed whatever contract/document you signed can intelligently opine about your chances.

For $3,750, you'd sue in small claims court, which means you cannot be represented by a lawyer. However, it might simpler/smarter/easier to dispute the charge with your credit card issuer. If your credit card issuer sides with the other party, then you could file in small claims court.

The bank did side with Closet World saying they have a contract, but the contract itself was not explained by the sale representative

 

[palam001]

Did the Closet World sales representative explain the 3-day in-home sales cancellation law to you? Did you receive a “3-day right to cancel” form with the contract?

Did you read through the contract carefully prior to signing? Did you ask about the clause mentioning right to cancel?

Why did you sign the contract if you found the cost was too much?

Why did you ignore Closet World for two weeks?

I did not read the contract when I signed, she explained to me this just in case I decided to move forward, then she does not have to return for signature, it was just empty when I signed the bottom of the page.

The cost was not calculated when I signed because we have not decided the finalize of the design, but she went ahead with the predraft and calculated everything and submit, since I already signed.

I did not ignore Closet World for two weeks, they refused to return my calls and every time I called they say a manger will return your call, leave messages, they did not return any call despite multiple attempts to remedy

 

[palam001]

The fact that you have the contract which explains the 3 day cancellation means that you received notice. Did you also receive a separate cancellation notice form to return to Closet World?

I did not received any form after the sale representative left, it was signed blank, a couple months later when I attempted to get my money back, then they send me the one fill out already

 

[adjusterjack]

There appears to be some issue as to whether they complied with statutory requirements. Looks like your last resort is to file in small claims court. No way to predict the outcome. Up to you.

 

[quincy]

I did not read the contract when I signed, she explained to me this just in case I decided to move forward, then she does not have to return for signature, it was just empty when I signed the bottom of the page.

The cost was not calculated when I signed because we have not decided the finalize of the design, but she went ahead with the predraft and calculated everything and submit, since I already signed.

I did not ignore Closet World for two weeks, they refused to return my calls and every time I called they say a manger will return your call, leave messages, they did not return any call despite multiple attempts to remedy

You could file a small claims suit and see where it goes. From what you have said, it appears Closet World missed some vital steps needed to preserve their rights under the 3-day home-sales cancellation law.

It is possible (I don’t know how probable) that you can be awarded a refund. The fact that you signed the contract without reading it first, however, is problematic.

 

[zddoodah]

The bank did side with Closet World saying they have a contract, but the contract itself was not explained by the sale representative

There is no obligation for the other party to a contract to explain it to you. If you don't understand a contract, don't sign it without first having an attorney review it. If you choose to sign without understanding, then you accept whatever risks may exist.

Looks like your last resort is to file in small claims court. No way to predict the outcome.

Yup.

 

[quincy]

Here is a link to California’s small claims self help information:

https://www.courts.ca.gov/selfhelp-smallclaims.htm?rdeLocaleAttr=en

 

[Zigner]

The following site explains the 3-day cancellation law (California's Home Solicitation Sales Act):

https://www.dca.ca.gov/publications/legal_guides/k_9.shtml

If the blank cancellation notice is not attached to the contract (in duplicate), then the homeowner likely still has the right to cancel, until 3 days after such notice is actually provided.

The cancellation notice attached to the contract (or provided later) doesn't have to be used, but any notice of cancellation must be IN WRITING.

 

[quincy]

As a note: Not only is it vital that you read and fully understand any contract prior to signing, you should never ever ever put your signature on a blank contract. That is like signing a blank check.