Complaint Review: Capital Remodeling Inc.

My father and I have just spent over a year bringing our case with Capital Remodeling Inc. to resolution. We just recently WON our court case against them. 

My father is an elderly, Vietnamese immigrant that was solicited to purchase replacement windows from them. My brother was there to negotiate the price and he did not read the contract for my father (our fault). Instead, when my father requested more time to consider the contract, the salesman reassured him that he would "have time to cancel." No explanation to him that he'd only have three days to cancel in writing and ESPECIALLY, no explanation that even if he cancelled he'd lose his deposit, which was 33% of the contract price!

My dad attempted to cancel the contract a week later when they were calling him to schedule a window measurement appointment. The company tried to get him not to cancel and finance the windows through them instead if he couldn't afford it. After several attempts, they finally got the point, but refused to refund the deposit. Trying to be reasonable, I wrote a demand letter to them for my father requesting a portion of the deposit back less any costs they might have incurred already (which to our speculation would have only been the salesman's time). They refused, we brought it to court and we WON! 

So, don't let this company scam you. When we read our contract we noted two things 1. it wasn't compliant with the Virginia Home Solicitation Sales Act and 2. that nasty piece of language stating they get to keep "a minimum of 30% of the contract price" as "liquidated damages" (read up on liquidated damages, especially case law in your home state, here's an easy wiki overview http://en.wikipedia.org/wiki/Liquidated_damages, depending on how they're written these clauses can be UNENFORCEABLE). So, if you are as angry at this firm's lousy business practices as we were - don't take it lying down. Go see your local lawyer or do your legal research, because these guys can easily scam unsuspecting individuals out of money. After all, with their liquidated damages clause even if you can cancel, they're claiming you still owe them at a minimum 30% of your contract price for them doing NOTHING! Great scam they have going - beware of the company and be AWARE of your legal recourse. 

What we read: 
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+59.1-21.4
https://docs.google.com/viewer?a=v&q=cache:SQ2vVl14LaUJ:www.lsnv.org/_literature_26824/Damage_Clauses_for_a_Default_Liquidated_Damages_or_Penalty+&hl=en&gl=us&pid=bl&srcid=ADGEESiIVv7xJrut1hW0bivDLNzBUsiP4QHuO82X0-dcwEuwrPVVouCkigLf0v8kV_y2fVeMWM7ZdaXYc7Q7mWLjHRR6rAjNYLjz4a97mMUzrPwDiQUfkucSp31Auj0wKv9DpIgf69Q8&sig=AHIEtbTmk_bnYdxw-tCBizcQr1sB8XFmPQ