Consumer Law, Warranties Pool enclosure document

[steveNmande]

When snow collapsed my pool enclosure, I asked Company A for a re-build estimate for my insurance company. I signed a document provided by the owner of Company A entitled "Contract Specifications." He said that was his way of providing an estimate. The document included the price ($29,600) and a section in extreme fine print with the first line in bold print stating, "This price is based on dimensions shown in the accompanying drawing. Actual job may vary from drawing."
Relevant sections that followed included:

"Seller expressly reserves all contractors, mechanics and material man's lien, which may be asserted under any provision of law to secure payment of the contract price and may assert and fix the same as lien upon the real property on which installation is made."

"All sums not paid as due shall bear interest at the maximum legal interest rate permitted under the laws of the State of Louisiana and unless otherwise stated all sums become due and payable upon completion of work."

"Seller and Purchaser agree that if this contract is canceled by Purchaser at any time after its execution, Seller may, at his option, retain all payments and deposit made there under as liquidated damages."

"The use of the structure by Purchaser shall constitute acceptance of completion of the contract by Seller."

Note:
No installation has been made, no work completed, no deposit paid, no use of the structure, and no contract completion.
In addition, no final measures taken, no materials acquired, and no prefabrication started.

Company A's owner has displayed an arrogant attitude and their sales representative actually told me at least three verifiable lies. As a result, I do not want Company A to construct my enclosure.
When I told them this, the sales representative said they had a signed contract and to have my lawyer contact their lawyer.
What basis could they have for threatening court action?

 

[dee_dub]

What you signed looks suspiciously like a contract. You might be able to cancel within its terms. What are those?

If you cancel outside those terms, they could sue you for breach of contract. You might be able to plead some kind of misrepresentation or fraudulent inducement. It is impossible to say how that would turn out. You probably can't cancel for "arrogant attitude". It depends on the lies they told and how important those were to your decision.

Interesting that the seller is entitled to keep the deposit and any payments made, but those amount to $0.00. I'm not sure what remedy they might hope to achieve in the event you cancel.