Door to Door Solicitations
A company selling goods or services to a consumer outside the company’s regular place of business and inside a buyer’s home is considered a home solicitation sale. In Ohio, there are laws to protect consumers involved in these types of business transactions which could result in damages for buyers and penalties for a company if it fails to comply. These laws include details about information the consumer must be provided with, the right to canceling a purchase and misrepresentation.
A company must provide their business’s name and address when contracting a sale solicited in a consumers home. The contract must also include information regarding the language used to make the sale and provide a copy of the contract to the buyer. This contract should include the buyers signature, the date the agreement was made and two copies of the notice of the buyer’s right to cancel the purchase. In Ohio specifically, the buyer is granted a three day right to cancel. The seller must orally notify the buyer of their right to cancel a purchase and refund all payments within 10 business days of cancellation. Also, services may be withheld until after the cooling off period has expired.
Misrepresenting the goods or services being sold by the seller is also an important concept of the buyer’s rights. The seller must make it clear that their intention is to make a sale. There cannot give any false or misleading information including that the buyer has been specially selected to receive a bargain, won a contest, or that the product cannot be sold in stores. Declaring there is no right to cancel is also an illegal and they cannot take on the authority to negotiate the final terms of the sale.
Doucet & Associates Co. L.P.A. in Ohio helps enforce rights regarding home solicitation sales. Please contact us today if you or someone you know needs help.
Doucet Sues Company That Helps the Elderly Sell Belongings
Doucet & Associates Co. LPA, a small law firm dedicated to helping consumers and those facing financial difficulty, filed a federal lawsuit against the company Caring Transitions for violations Ohio’s Consumer Sales Practices Act (CSPA), breach of contract, and fraudulent misrepresentation.
Caring Transitions manages senior relocation, downsizing and estate sales. The law firm’s client, a senior citizen, contracted with Caring Transitions to liquidate thousands of her belongings — including many valuable antiques – during a time of financial distress. The lawsuit alleges the company was to move the designated items from the property to its sales location, plus clean the property while the client was out of state caring for her disabled son.
The lawsuit alleges Caring Transitions violated Ohio’s Consumer Sales Practices Act (CSPA), which prohibits unfair and deceptive practices in consumer sales transactions, by claiming it had sold her possessions when it had not. The lawsuit alleges that the company told the client that she was entitled to only $276.80 after selling all her goods, which she estimates to be worth in the tens of thousands of dollars.The lawsuit also alleges the company failed to provide her a receipt of items allegedly sold and charged her thousands of dollars in moving and cleaning expenses.
Despite Caring Transitions representations it had sold all of her goods, the lawsuit alleges the client began to see her items listed for sale by the company online, and realized they had not been sold as claimed. The lawsuit alleges she tried to reclaim the unsold items and was told less than 10 were available for picking up.However, once she appeared at Caring Transitions showroom, she saw and retrieved 29 items. Meanwhile, her real estate agent informed her that her home was not cleaned as promised.
Because of lack of money generated from the sale of the client’s goods, she was unable to make her mortgage payments and her property entered foreclosure. The firm’s client is seeking relief of more than $75,000 for actual damages in addition to attorney’s fees and costs, plus punitive, emotional, economic and other damages.
Doucet & Associates is dedicated to fighting for the rights of consumers, protecting their interests and offering legal assistance to those who would otherwise be unable to afford it. If you need help with a company that is trying to take advantage of you or a loved one, call the firm today at (614) 944-5219.