Singed for Home Improvement Lease

[camarorz28]

What is the name of your state (only U.S. law)?
California

I have singed a proposal with Sears Home Improvement for a project for my house. They told me I have 3 days to cancel the agreement and not have to be locked to the contractor. I have tried mulitple times to contact their sales office but they have not replied to my inquiries to cancel the agreement. Today is the 3rd business day to cancel and i have not heard back from them. What should i do when they are not responding to my cancelation request? Should i seek legal advise from a lawyer? They will charge my line of credit unless I cancel the agreement. Please advise.

 

[Zigner]

What is the name of your state (only U.S. law)?
California

I have singed a proposal with Sears Home Improvement for a project for my house. They told me I have 3 days to cancel the agreement and not have to be locked to the contractor. I have tried mulitple times to contact their sales office but they have not replied to my inquiries to cancel the agreement. Today is the 3rd business day to cancel and i have not heard back from them. What should i do when they are not responding to my cancelation request? Should i seek legal advise from a lawyer? They will charge my line of credit unless I cancel the agreement. Please advise.

Your cancellation must be IN WRITING. Read your contract for specific instructions on how to cancel.

 

[camarorz28]

Your cancellation must be IN WRITING. Read your contract for specific instructions on how to cancel.

I have, i have sent to them my notice of cancelation which they had provide me at the time singing the proposal. I have faxed the proposal numerous times and called their office to inquiry about it.

 

[Zigner]

I have, i have sent to them my notice of cancelation which they had provide me at the time singing the proposal. I have faxed the proposal numerous times and called their office to inquiry about it.

If you've complied (to the letter) with their cancellation instructions and can prove it, then you've done what's needed to cancel.


(Edited to add: )
Yours is not a cancellation request, it is a Notice of Cancellation. You're not asking them to cancel, you're telling them that you're canceling.

 

[camarorz28]

If you've complied (to the letter) with their cancellation instructions and can prove it, then you've done what's needed to cancel.


(Edited to add: )
Yours is not a cancellation request, it is a Notice of Cancellation. You're not asking them to cancel, you're telling them that you're canceling.

The only proof is that i sent a fax to them which was successful. I have also mailed the form to their location. Should they provide me with a letter stating it's been cancel?

 

[Zigner]

The only proof is that i sent a fax to them which was successful. I have also mailed the form to their location. Should they provide me with a letter stating it's been cancel?

This could conceivably be a problem - how can you prove that you did either? (Fax verifications can be faked.) You should to mail it certified (at a minimum) with a return receipt requested (preferable.) Alternatively, if the address is local, you could hand-deliver a copy of the notice (try to get someone to sign a copy as verification that it was received.)

See http://www.dca.ca.gov/publications/legal_guides/k-10.shtml for a bunch of info on this topic.

 

[swalsh411]

Or get an email address and send as a scanned attachment.

They are not required to confirm your cancellation. They probably consider you a pest at this point and would rather focus their time on paying customers.

 

[Zigner]

Or get an email address and send as a scanned attachment.

They are not required to confirm your cancellation. They probably consider you a pest at this point and would rather focus their time on paying customers.

This is also a good idea. Not as an "or", but rather as an "also."

 

[camarorz28]

I was able to go to thei local office and they confirmed they have cancelled the proposal. I took a copy of the cancellation notice and they stamped and sign it. I have that for my records.

 

[Zigner]

I was able to go to thei local office and they confirmed they have cancelled the proposal. I took a copy of the cancellation notice and they stamped and sign it. I have that for my records.

That's great to hear. Glad it worked out.

 

[camarorz28]

Yes, thank you all for the advise.

 

[realfilm]

What is the name of your state (only U.S. law)?
California

I have singed a proposal with Sears Home Improvement for a project for my house.

What song did they sing?