Nemo asks if you can help him get out of a contract with Magic Man Roofing, Inc. Nemo called Magic Man about repairing a leaky roof. Because of a conflict, only Nemo’s wife, Wilma, met with Magic Man’s agent at their home.

Nemo asks if you can help him get out of a contract with Magic Man Roofing, Inc. Nemo called Magic Man about repairing a leaky roof. Because of a conflict, only Nemo’s wife, Wilma, met with Magic Man’s agent at their home. The Magic Man told Wilma she needed an entire new roof and estimated the cost at $7,500 for labor and materials. However, he said they could start as early as next week, depending on the weather. The Magic Man told Wilma that she would need to put 1/3rd down ($2,500) to lock in that estimate and to get on Magic Man’s schedule. Wilma told the Magic Man that she wanted to lock in the estimate but could not make any deposit without first talking to Nemo. The Magic Man verbally agreed to hold processing her credit card number for 10 days. With that assurance, Wilma signed a form agreement with Magic Man to confirm the estimate. However, the form agreement also stated that if the customer cancelled the contract the customer forfeited any deposit. The agreement said nothing about holding credit card processing and did not have an integration clause. The following day, Nemo decided not to go with Magic Man and informed them so by telephone. However, it was too late. Nemo learned that Magic Man had already processed the credit card for $2,500.

 

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