I have a question. We were at a home show (trade show?) and my husband was looking at a hot tub. The salesman was high

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Customer: hello, I have a question. We were at a home show (trade show?) and my husband was looking at a hot tub. The salesman was high pressure and started writing everything down that they were talking about (size, colour,features, etc) and at the end my husband initialed in agreement that that is what they were talking about. Now the guy is saying that it was a sales agreement and that we agreed to buy an $18000 hot tub that was the very first we looked at. Also, we can't get power to our house to run a hot tub so just wondering if this is in fact a legally binding contract. Thank you
JA: What state are you in? It matters because laws vary by location.
Customer: sorry, we are in Canada. BC
JA: What steps have you taken so far?
Customer: we have only spoken to the salesman when they called for follow up. We told them that we did not want to proceed.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no I don't believe so
Answered by Daniel Freudman in 2 hours 2 years ago
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Daniel Freudman
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Daniel Freudman, Expert

If the salesperson represented that your husband is only initialing to confirm discussions rather than confirm purchase, and your husband had no intention to sign to buy, then you could very reasonably argue that it is not an enforceable contract since he had no intention to enter into such a contract. There must be a mutual understanding (a "meeting of the minds") and an intention to engage, which doesn't seem to be the case here. As such, if they sue, they you would have a defence, and furthermore since right now they haven't delivered the hot tub they aren't out of pocket anything so they may not even consider suing since they have nothing much to claim in terms of losses at this point.

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Customer
Hi
Yes you answered the question very well thank you but I unfortunately misunderstood the situation.
My husband did engage in discussion about potentially buying a hot tub. They talked about features, colours etc. The salesman wrote it all down. Including prices. My husband signed that it was correct. The salesman stated many times that “the girls from the office” would be phoning to confirm the order and we could address any questions or concerns then. We never got a call until the other day where they said the tub is ready to go. We have now found out that our electrical panel could not support a hot tub even if we wanted one. He did not give a deposit or any financial info He is wondering if this is indeed a legal contract. Thank you for your time
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Daniel Freudman, Expert

If he did in fact sign intending to purchase the tub then it would be a contract, even if he later found out the house could not support it. Again though, since they don't have any financial info or deposit and haven't delivered it, even though it's arguably a breach of contract they likely would not pursue any action against him since they aren't out of pocket or anything to that extent.

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Daniel Freudman, Expert

Hopefully my answer was of assistance. If so, would you kindly provide me with a positive rating so I can receive credit for my services. Thank you.

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