Consumer Law, Warranties Financing and Joint Venture Contract

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everettp

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On December 15th, 2006, I initialed, signed, and paid $3000 to Trade West Homes located in South Jordan, Utah for the purpose of building a residential home, which I thought, was a pre-construction investment. I had no intentions of moving to Utah.

Their refund section on the contract reads:

"Client understands that there is a *Non-Refundable Marketing fee of $3000 to enter this program, (unless otherwise stated by SVP) due upon signing of this Contract, payable to SVP. The fee is partially refundable if Owners do not qualify for an investment program (determined by a loan denial letter from the lender) with SVP or its associates, and provided that the issues causing said denial occurred before the date that this contract was signed. This refund will not exceed the amount of $1000. Only clients who actually paid an initial fee are eligible for any refund."

I did not qualify for an investment program and Trade West has not been able to find financing for me. Therefore, since December 2006, my money has not earned me any interest and it's been sitting in their bank account.

Trade West did try to find financing a couple of times for me, and on the loan applications they lied about my income.

I've been in email contact with a few people at Trade West but they always seem to disappear. I have not received any reply to my last email sent on September 10, 2006.

I want to know if I can get my money back? If I need to find an attorney, and should I look for one in California or Utah? Or did I give $3000 away?

Thank you for your time.
 
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