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Renewal by Andersen of TN
801 Congressional Boulevard, Suite 500
Carmel, IN 46032
Re:Rescission of Contract for Replacement of Windows
To whom it may concern:
On Saturday, October 31, 2020 I responded to a flyer that I received in my mailbox from Renewal by Andersen as to the replacement of the windows in my home. I had two windows that I was concerned about.
A consultant came to my home to assess the windows that I was concerned about. While there, the consultant also started looking at my other windows and began pushing on them and telling me that they were about to fall out. This was alarming to me and I became very concerned, as I have two small children.
The consultant told me that I needed to replace eleven windows in my home and that this was the last day that I could receive a 30 percent discount, based on the terms of the flier, so I had to act right then.
I have always heard that Andersen was a reputable window company, so I trusted what I was being told. I did not realize that Renewal by Andersen was a franchised subsidiary of Andersen Window company.
I thought that I was dealing directly with the Andersen Window company. Although I could not afford to replace eleven windows, the consultant told me that I could finance the $16,947.00 price. So, I went ahead and signed the contract believing that my windows were a danger to my children and that this was a steeply discounted price to replace my windows.
It has since come to my attention that there is nothing wrong with my windows, except for the two that I had been concerned about. I only needed to replace the two windows, not the other nine.
I have also found out that I was sold the highest priced windows on the market, rather than ones that would have been in keeping with the age, character, and modest value of my home. I was not informed that there were lower cost options. The full price that I was quoted was $24,922.00, which made the installation of each window cost more than $2,000. Thus, I was led to believe that I was getting a good deal and a bargain price at $16,947.00.
I have reviewed my contract and understand that there is a cancellation penalty of 33% of the entire contract price if cancellation occurs more than three days after entry into the contract.
However, I was misled by the consultant and entered the contract under false pretenses. The tactics were in violation of the Tennessee Consumer Protection Act. Under this provision of the law, it is a criminal violation to cause someone to enter into a contract using coercion and deception. Further, the contract is also required to inform the consumer about the provisions of this law.
The Tennessee Attorney General is authorized to enforce this law, along with concurrent individual enforcement by the consumer who has been affected.
I have researched the law and consulted with an attorney as to my rights in this matter. The deceptive actions and coercion which induced me to enter into the contract served to vitiate my consent, causing the contract to be null and void.
At this point, I just want to rescind the contract. I do not want to pay any penalties, nor should I be required to under the law. Recission of the contract is an available remedy under the Tennessee Consumer Protection Act.
Please let me know whether you will honor my request to rescind the contract by January 8th, 2021.
Time is of the essence as my initial payment to the financing company is due in the middle of January. If I do not hear from you by January 8th, I intend to pursue further legal action, including referral to the Attorney Generals Office for concurrent prosecution, as well as the pursuit of treble damages, attorneys fees and costs.
cc:Andersen Windows, Inc.
551 MAINE ST N
BAYPORT, MN 55003-****
User's recommendation: Beware of scare tactics and pressure to act right away!
Product or Service Mentioned: Andersen Windows Window.
Preferred solution: Full refund.