"Purchase" of Replacement Windows w/o Contract

[twintwin]

What is the name of your state? Texas

I recently have been obtaining quotes on replacement windows for my house. One salesman I contacted verbally quoted (nothing in writing) a price for windows on June 25 and I said yes, but signed nothing and put no money down. The salesman contacted me via telephone about 2 days later and asked if I was ready to purchase. My response was yes. He sent two gentlemen out to measure the windows a few days later. The salesman contacted me again when I was out of town and wanted to schedule an appointment to meet in order to sign a contract. We decided that he would call the following Saturday (July 8) to set an appointment. We exchanged voicemail messages due to our schedules, and on one of them, he informed me that the windows were "due to be delivered on Wednesday" (July 12) and that we needed to set a time up for installation. I left him a voicemail message stating that since we had not met to sign a contract or exchange a down-payment, I was under the impression that no actions had been taken**************much less an order being placed.

Is this verbal agreement binding since no documentation or funds were exchanged? I feel totally out of control in this situation.

Thanks.
MJE

 

[fairisfair]

no, you are not obligated to buy the windows. The simple fact that you told him that you were ready to buy, does not give him the right to purchase the windows without a signed contract. However, if you are ready to buy, and the windows are the type and price you are looking for, then I am failing to see what the issue is. Tell him that he is to do no work until you have a signed contract between you. You only lose control when you give it to someone else.

 

[moburkes]

He's a SALESman. He's trying to CLOSE the SALE by ASSUMING the sale.

 

[twintwin]

Thanks for responding.

I was simply researching windows for budgeting purposes. I guess I got a little carried away when he told me how much it would be and it actually sounded like a great deal. After I spoke with him, I started looking at window styles and had changed my mind on what I wanted (casement, orial vs 50/50 split, etc.) I also looked at my finances and decided to wait until next year. The salesman faxed the order to me yesterday (July 11) so I could take a look at it. He ordered 50/50 splits and not orial (60/40) like I wanted. (It makes a big difference to me.) He said that 60/40 was not an option for this window but the manufacturer assures me that it is. Again, I also wanted two of the windows to be casements.

Just a little frustrated at the whole thing. Still not binding?
MJE

 

[Proejo]

Texas has a consumer protection law with a three day right of rescision. That means that anytime within three business days after enacting the contract you have the right to cancel the contract at no cost to you. I know because I'm in a protracted battle to obtain a refund of deposit on an adoption contract where we tried to cancel on the "4th" business day and they won't return the refund. Had it been one business day earlier then we would have had no problems. See my post about this. So, since you've signed nothing, you're okay.

 

[fairisfair]

Texas has a consumer protection law with a three day right of rescision. That means that anytime within three business days after enacting the contract you have the right to cancel the contract at no cost to you. I know because I'm in a protracted battle to obtain a refund of deposit on an adoption contract where we tried to cancel on the "4th" business day and they won't return the refund. Had it been one business day earlier then we would have had no problems. See my post about this. So, since you've signed nothing, you're okay.

That is a nice story, but this poster has no contract, and no option to buy or need to rescind.

 

[fairisfair]

Thanks for responding.

I was simply researching windows for budgeting purposes. I guess I got a little carried away when he told me how much it would be and it actually sounded like a great deal. After I spoke with him, I started looking at window styles and had changed my mind on what I wanted (casement, orial vs 50/50 split, etc.) I also looked at my finances and decided to wait until next year. The salesman faxed the order to me yesterday (July 11) so I could take a look at it. He ordered 50/50 splits and not orial (60/40) like I wanted. (It makes a big difference to me.) He said that 60/40 was not an option for this window but the manufacturer assures me that it is. Again, I also wanted two of the windows to be casements.

Just a little frustrated at the whole thing. Still not binding?
MJE

I would call the sales person immediately, (that is just good business practice) and tell him exactly what you told us. You have looked at your finances and decided to wait until next year. Done deal.