QUESTION
Is a flooring installation contract voidable if the homeowner doesn't agree to it?
Asked on Nov 09th, 2016 on Contracts - Delaware
More details to this question:
I live in a single family home owned, but not lived in, by my mother. She resides in a house she owns several states away. I wanted to surprise her on her next visit by painting the interior and having carpet installed. I made an appointment with a well known flooring installation company. I chose one of the carpets I liked and signed a contract after discussing the financial details. The salesperson said I had five days to cancel the contract. Well a few weeks went by and I started getting buyers remorse after hearing a bunch of horror stories about this company. Now since I signed the contract and in no way got permission from the homeowner (my mother), is the contract still binding. Is this the loophole I need to get out? The contract states there is a 15% late cancellation fee which would run me about $300. Thanks for any and all help. PS There still is no installation date scheduled.
1 ANSWER
Your mother may be able to cancel the contract, although it is doubtful because, while you may not have had actual authority to enter into the contract, you may have had what is known as "apparent authority", in other words because you were living there, the installer may legally have been entitled to rely on your authority to contract for work to be done there. Your mother could then sue you to pay her back for what she has to pay the installer. Even if your mother can cancel, however, that wouldn't get you off the hook for any damages the installer incurs because of your fraud (representing that you had authority to enter into this contract when you did not).
Answered on Nov 10th, 2016 at 12:43 PM