A client showed me the contract and described the scheme. This is a sophisticated scheme to get around the Home Solicitation Acts in various states. The one area they are vulnerable is contracting without a construction license in violation of state contacting laws. REport contracting to state agencies that control contractors.in Va. You cannot contract without a license. ATT Gen have jurisdiction to press Cons Protection Violations.
The scheme is to get people who do not read or understand contracts to sign while the salesman represents a monthly payment that a person thinks they can handle. No TRuth in Lending language in the sales contact, just salesmans promises of an affordable payment. Then the conract is signed and initialed that the salesmans representations are not part of contract. Right there in plain contract it says do not believe our salesman only what is writen here. It is a written contract that anticipates salesman deception! A pattern and practice of this shows an intent to decieve. Trouble is they are moving fast to take the customers house for 1/2 the cost of the pool. They look for equity in houses to put a lien against. After 5 days the financing people call with the financing details which are 24-25% w / auto deduct from bank account. THe customer is bound to the sales contract which is called a cash contract but has references to financing arrangements. THe customer can not reject the contract by the time they learn of the altered financing terms. THese are bifircated contracts evading the home solicitation laws.
Att Gen. Have the resources the consumer does not to fight the scheme THe State Attorney Generals Offices need to be brought into this. Combined the scheme can be supported by a pattern and practice evidence. The contracts are adhesions contracts (shock conscience of the court).
0 comments