Can I get out of this contract?

Question

We recently purchased a craftmatic adjustable bed. We were talked into it. The cancelation days were 5 Bussiness days. We called on the 5th day but we didn't send the written cancelation until the 6th day. Now the company is saying we are stuck with it. Is there a way to get out of the contract???? Please help!!!! It will cost us several thousands of dollars.

Answer 1

Call your local county Consumer Protection agency

Answer 2

The FTC has an opinion on the "cooling off rule"

Much depends on many different facts. I would suggest that you read the link I've posted and see if you meet the requirments.

One excerpt from the opinion is:
Under the Cooling-Off Rule, the salesperson must tell you about your cancellation rights at the time of sale.
(which means they need to also tell you of the government cancellation time limit - not just their own)


It's just my opinion but if the FTC states that you must have the right to cancel within 3 days after purchase and this company tells you 5 days - then the company is using deceptive trade practices. By them telling you that you have the right to cancel in 5 days, without mentioning the true 3 day law, they had (knowingly) put you out of the legal cancellation period.

There is links and phone numbers on that page to help a person who has been the victim of fraudulent, deceptive and unfair business practices

Answer 3

The link to the FTC provides a wealth of information, however, remember that this is federal law, and each state has the right to set their own laws with respect to the Fed's.
Essentially, you are S.O.L as proving that you were "talked into it" would not fall under the legal definition of "duress".
Normally prescribed to a "product" that is used, a saying in Latin, "caveat emptor", meaning buyer beware must be added to impulse purchases. Usually, like yourselves, they find that they are stuck and want to find a way to lay the decision at someone else' feet.
Take the majority advice; sell the bed, but remember, you must get the "pay-off" amount or you will have to add money to the "pot" to pay off the loan.
Good Luck..

Answer 4

I'm a Marion too! Sorry, I don't know very much about contracts... the only one I've gotten out of was a gym membership and that's because I told them I'd talked to a lawyer. I mean, I technically did. You see, we have this guy on one of the local news channels who is a lawyer who goes around scaring shady businesses and such to help people who have ben scammed or screwed otherwise. Well I ran into this guy at a pizza place and told him my problem and he said if I didn't get it resolved myself, he'd go after the gym. Maybe you can go to Craftmatic corporate and beg and if nothing else works, check out those crazy local news lawyers. I kid you not, it sounds silly, but it worked!

Answer 5

What does the contract say? If it says that to cancel, you must notify the company in writing within 5 business days, then you are out of luck!

You can always default on the payments, have them repossess the bed, and then they will sue you for the balance due. Then you can plead your case to a judge. Or, you can contact a lawyer for options and pay the lawyer his legal fees.

Answer 6

Hi there, unfortunately I think you are out of luck. They probably told you by phone that you had 5 business days to cancel as well to have that in verbal and in writing. You could write to the better business bureau and see if they can do anything about it, but more than likely not since you did know about the 5 days. Good luck!

Answer 7

I think you could call your State Attorney's Office and ask them about it, and inform them of all the information on this deal you can, and see if they can help you, but you are probably stuck with the bed and the debt, if you choose to not pay the debt, and allow the company to reposess the bed, you will hurt your credit ratings.

Answer 8

You might be suck with the bed put in the buy and sell sell it

Answer 9

Maybe you could advertise it and sell it and pay off the debt.