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Window company contract

Discussion in 'Consumer Law, Contracts, Warranties' started by DTW75, Jul 3, 2019.

  1. DTW75

    DTW75 Law Topic Starter New Member

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    Jurisdiction:
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    I recently was given an estimate from a window company for windows in my house. After 3 hrs of back and forth, we agreed the only way I would do the deal is if I was guaranteed 1 yr same as cash, so the salesman guaranteed it 100%. We signed some paperwork (which next to the total cost for the windows said “1 yr same as cash”) and he went on his merry way. Two days later I get a call saying they could not do 1 yr same as cash because their finance company wouldnt approve it. He then stated, Wells Fargo could finance me for a ridiculous monthly payment and interest, I declined right then and there. The salesman said he understood and to let him know how I would like to go about financing. I told him I would look into refinancing my home and its a possibility I could make it work. Two days later I get an activated credit card in the mail from Wells Fargo, with the window companies name on it?! I call Wells Fargo, cancel the account and ask them whether or not this is fraudulent behavior, they tell me no it is not. Immediately, I try calling the window company, left 7 voicemails, 1 email and 1 message with the secretary; nothing. Fast forward 3 weeks, the Wells Fargo account hit my credit by 20 points, is now showing up as revolving credit but is closed.

    I call the window company again, nothing but finally get in touch with the salesman, he says he will cancel the order next day but mentioned they are likely not in production anyways. So, next day comes, salesman calls says I have created a huge mess because Wells Fargo has flagged this as fraud and now cancelling the contract is not possible because the windows are already being made?! He also says, they are sending me “legal” paperwork so I need to watch out, basically threatening me over the phone. He takes no responsibility for guaranteeing me 1 yr same as cash and claims I caused this mess, its all on me. If the contract states 1yr same as cash next to the total, isnt this technically breaching the contract? They are likely going to try and get me to pay for the windows although I already have another trustworthy legit company doing them for me.

    The contract states on the back, in fine print, the company can make me aware of other financing, however, they specifically stated 1 yr same as cash, as it is written next to the total. As well, it also states, any promises must be written on the contract, no verbal promises to be accepted. There was nothing else signed by me stating I would do any other type of financing.
     
  2. adjusterjack

    adjusterjack Super Moderator

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    Without being able to read the entire contract we can't tell if there are any disclaimers, gotchas or weasel words in there.

    Your credit score will recover the 20 pts in a couple of months. If you are in the high 700s anyway it'll do no harm.

    Meantime, I suggest you quit talking and just hang up the next time they call. If you get any "legal papers" come back here and discuss.
     
  3. DTW75

    DTW75 Law Topic Starter New Member

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    I have hired an attorney, thank you for the response. There are many small items that do not line up and the company has sent me 2 letters, 2 days apart, one is back dated and one doesnt even have a date on the actual letter, giving me 7 days to respond.
     

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