Braughton & Sons Custom Fencing

This is a flat out lieYou and your husband are thieves we had a contract And verbal agreements that you in your husband brokeYou paid me my final payment and then cancel the check at is theft of laborAfter me in your husband had decided that I was in to get back out there and go over everything with you guysYou never intended to pay meAnd for the dispute amount you're lying there toYou've already taken back my final payment which was $Now you You're demanding me to pay back your material costYou have a gate you're using itEither send me back the money that you owe me or find another contractorI'm sure I'm not the only contractor that you screwed like thisAs far as you taking me to court I really do hope I get to see you guys thereBut knowing your track record I'm sure that Just a lie toEnjoy your day miss [redacted] and please don't try to contact my customers again trying to encourage them to take this ridiculous route the you've taken

Complaint: [redacted] I am rejecting this response because: First of all, I would like to know what he considers "FLAT OUT LIES" Everything I said is the truth We had a contract for services he did not perform and the work that he did was not to the standard we agreed upon.The "verbal" agreement was that he send one of his employees out to fix the mistakes he made on the gate and then he never sent anyone, stopped returning calls, etc We were more than willing to work with him to give him the benefit of the doubt and let his employee fix the mess he left but when someone stops responding to your calls or texts, it makes it pretty hard to do We are not the only ones that have been screwed over by him Look at his reviews As far as him representing himself as Revdex.com accreditedTHIS is the Revdex.comThey know they reached out to him and made him remove the Revdex.com sticker from his truck and from his website He negotiated with our attorney, made counter offers that we agreed to and then backed out All he does is give us the runaround We have all the emails, texts, video recordings from our surveillance cameras, recorded phone conversations and photos to prove our case in court He needs to learn how to conduct businessYou can't go off on people that are paying you for a service just because they are not happy with the work you are doingThat shows extreme immaturityI trusted him to come to my home and do a good job and do the job we paid him to do Now we are left with a butchered up/sagging gate that won't close, we have to pry it up to get it to latch, use a bungee cord on it to hold it closed, the post is set in my sprinkler system (in concrete) and the posts are rusting where he did not seal the cuts he made When the gate swings open, rust POURS out of it where he drilled holes in it and didn't seal it.The City inspector came out to look at another job and when he looked at the work Mr [redacted] did he was dumbfounded He asked if he got a permit or was registered with the cityHe is notI've also filed a complaint with the FTC for Deceptive Trade Practices and the Attorney General has already responded to my complaint and started a file on Mr [redacted] The state won't do that unless there is compelling evidence and they said there was enough there If anyone is lying, it is Mr [redacted] How he can pretend to be an honest person when he goes around screwing people out of money is beyond me Thank GOD we canceled the 2nd check after seeing the MESS he left us with (and incomplete too) The verbal agreement was that you send us a copy of an updated contract for us to look over and you never did that The agreement was for your employee to come to the house to fix your mistakesyou never sent anyone.You have a warped sense of reality if you don't see that YOU are the only one breaking agreementsThe Revdex.com can see by your response that THIS is what I have had to deal withHostility, lies, not honoring your work or your wordIf you don't have enough ethics to hold true to your wordthen how can anyone trust you to do the job you are paid to do? We never said we wouldn't pay youWe only wanted the JOB COMPLETED before we did You proved that canceling the check was the right thing to do because you never came backYou could have come back and fixed it and got cash (we had agreed to do that, too) and then you blew us off They can see that if THIS is the response every time we tried to get you to fix what you broke (which it is), then everything I say is 100% accurate.I have attached documentation of the proof.I can send the audio and video files as well, it just doesn't allow that file type on this form.Regards, [redacted] ***

Complaint: [redacted] I am rejecting this response because:This business is obviously mental We stole nothingWe hired him to do a job and the agreement was to pay 1/up front (which we did) and half when completed (which it never was done) The pictures, audio and video prove everything.In addition, he is in violation of federal and state law He wants to go to courthe will He will owe us more than what we paid We gave him three months to honor his work which he refused to do He had opportunity to retrieve his material after he refunded us and we gave him more time than is required by federal and state law I hope other consumers don't continue to be ripped off by him We tried to be fair and give him the opportunity to make things right and all he has done is spew this type of hostility at usand then he wonders why we have resorted to attorneys and court HOW you respond to an upset customer speaks volumes to your character He obviously has problems.If we were trying to steal ANYTHING, then why have we exhausted three months of trying to work with him to get our money back in return for the gate he built (that isn't to our specifications) so that he can use it on another job or sell it and recoup his costs? We have TRIED working with him If this is how he works with consumers then plan on receiving even more complaints.He need to read up on the law:BUSINESS AND COMMERCE CODE TITLE RIGHTS AND DUTIES OF CONSUMERS AND MERCHANTS CHAPTER CANCELLATION OF CERTAIN CONSUMER TRANSACTIONS SUBCHAPTER AGENERAL PROVISIONS SecDEFINITIONSIn this chapter:(1) "Consumer" means an individual who seeks or acquires real property, money or other personal property, services, or credit for personal, family, or household purposes.(2) "Consumer transaction" means a transaction between a merchant and one or more consumers.(3) "Merchant" means a party to a consumer transaction other than a consumer.(4) "Merchant's place of business" means a merchant's main or permanent branch office or local addressFor a state or national bank or savings and loan association, the term includes an approved branch office and a registered loan production office.Added by Acts 2007, 80th Leg., R.S., Ch(H.B2278), Sec2.01, effApril 1, 2009.SecAPPLICABILITY OF CHAPTER; EXCEPTION(a) This chapter applies only to a consumer transaction in which:(1) the merchant or the merchant's agent engages in a personal solicitation of a sale to the consumer at a place other than the merchant's place of business;(2) the consumer's agreement or offer to purchase is given to the merchant or the merchant's agent at a place other than the merchant's place of business; and(3) the agreement or offer is for:(A) the purchase of goods or services for consideration that exceeds $25, payable in installments or in cash; or(B) the purchase of real property for consideration that exceeds $100, payable in installments or in cash.(b) Notwithstanding Subsection (a), this chapter does not apply to:(1) a purchase of farm equipment;(2) an insurance sale regulated by the Texas Department of Insurance;(3) a sale of goods or services made:(A) under a preexisting revolving charge account or retail charge agreement; or(B) after negotiations between the parties at a business establishment in a fixed location where goods or services are offered or exhibited for sale; or(4) a sale of real property if:(A) the purchaser is represented by a licensed attorney;(B) the transaction is negotiated by a licensed real estate broker; or(C) the transaction is negotiated at a place other than the consumer's residence by the person who owns the property.Added by Acts 2007, 80th Leg., R.S., Ch(H.B2278), Sec2.01, effApril 1, 2009.SUBCHAPTER BCONSUMER'S RIGHT TO CANCEL TRANSACTION SecCONSUMER'S RIGHT TO CANCELIn addition to any other rights or remedies available, a consumer may cancel a consumer transaction not later than midnight of the third business day after the date the consumer signs an agreement or offer to purchase.Added by Acts 2007, 80th Leg., R.S., Ch(H.B2278), Sec2.01, effApril 1, 2009.SecNOTICE OF CONSUMER'S RIGHT TO CANCEL REQUIRED(a) A merchant must provide a consumer with a complete receipt or copy of a contract pertaining to the consumer transaction at the time of its execution.(b) The document provided under Subsection (a) must:(1) be in the same language as that principally used in the oral sales presentation;(2) contain the date of the transaction;(3) contain the name and address of the merchant; and(4) contain a statement:(A) in immediate proximity to the space reserved in the contract for the signature of the consumer or on the front page of the receipt if a contract is not used; and(B) in boldfaced type of a minimum size of points in substantially the following form:"YOU, THE BUYER, MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTIONSEE THE ATTACHED NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT."Added by Acts 2007, 80th Leg., R.S., Ch(H.B2278), Sec2.01, effApril 1, 2009.SecCOMPLETED CANCELLATION FORM REQUIRED(a) A merchant that provides a document under Section must attach to the document a completed notice of cancellation form in duplicateThe form must:(1) be easily detachable;(2) be in the same language as the document provided under Section 601.052; and(3) contain the following information and statements in 10-point boldfaced type:"NOTICE OF CANCELLATION (enter date of transaction)"YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR OBLIGATION, WITHIN THREE BUSINESS DAYS FROM THE ABOVE DATE."IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENTS MADE BY YOU UNDER THE CONTRACT OR SALE, AND ANY NEGOTIABLE INSTRUMENT EXECUTED BY YOU WILL BE RETURNED WITHIN BUSINESS DAYS FOLLOWING RECEIPT BY THE MERCHANT OF YOUR CANCELLATION NOTICE, AND ANY SECURITY INTEREST ARISING OUT OF THE TRANSACTION WILL BE CANCELLED."IF YOU CANCEL, YOU MUST MAKE AVAILABLE TO THE MERCHANT AT YOUR RESIDENCE, IN SUBSTANTIALLY AS GOOD CONDITION AS WHEN RECEIVED, ANY GOODS DELIVERED TO YOU UNDER THIS CONTRACT OR SALE; OR YOU MAY IF YOU WISH, COMPLY WITH THE INSTRUCTIONS OF THE MERCHANT REGARDING THE RETURN SHIPMENT OF THE GOODS AT THE MERCHANT'S EXPENSE AND RISK."IF YOU DO NOT AGREE TO RETURN THE GOODS TO THE MERCHANT OR IF THE MERCHANT DOES NOT PICK THEM UP WITHIN DAYS OF THE DATE OF YOUR NOTICE OF CANCELLATION, YOU MAY RETAIN OR DISPOSE OF THE GOODS WITHOUT ANY FURTHER OBLIGATION."TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER WRITTEN NOTICE, OR SEND A TELEGRAM, TO (name of merchant), AT (address of merchant's place of business) NOT LATER THAN MIDNIGHT OF (date).I HEREBY CANCEL THIS TRANSACTION.(date)(buyer's signature)" (b) A merchant may not fail to include on both copies of the form described by Subsection (a):(1) the name of the merchant;(2) the address of the merchant's place of business;(3) the date of the transaction; and(4) a date not earlier than the third business day after the date of the transaction by which the consumer must give notice of cancellation.Added by Acts 2007, 80th Leg., R.S., Ch(H.B2278), Sec2.01, effApril 1, 2009.SecUSE OF FORMS AND NOTICES PRESCRIBED BY THE FEDERAL TRADE COMMISSION AUTHORIZEDThe use of the forms and notices of the right to cancel prescribed by the Federal Trade Commission's trade-regulation rule providing a cooling-off period for door-to-door sales constitutes compliance with Sections and 601.053.Added by Acts 2007, 80th Leg., R.S., Ch(H.B2278), Sec2.01, effApril 1, 2009.SecALTERNATIVE NOTICE AUTHORIZED FOR CERTAIN CONSUMER TRANSACTIONSA consumer transaction in which the contract price does not exceed $complies with the notice requirements of Sections and if:(1) the consumer may at any time cancel the order, refuse to accept delivery of the goods without incurring any obligation to pay for the goods, or return the goods to the merchant and receive a full refund of the amount the consumer has paid; and(2) the consumer's right to cancel the order, refuse delivery, or return the goods without obligation or charge at any time is clearly and conspicuously stated on the face or reverse side of the sales ticket.Added by Acts 2007, 80th Leg., R.S., Ch(H.B2278), Sec2.01, effApril 1, 2009.SUBCHAPTER CRIGHTS AND DUTIES OF CONSUMER AND MERCHANT SecMERCHANT'S COMPENSATIONA merchant is not entitled to compensation for services performed under a consumer transaction canceled under this chapter.Added by Acts 2007, 80th Leg., R.S., Ch(H.B2278), Sec2.01, effApril 1, 2009.SecCONSUMER'S RETENTION OF GOODS OR TITLE TO REAL PROPERTY AUTHORIZEDUntil a merchant has complied with this chapter, a consumer with possession of goods or the right or title to real property delivered by the merchant:(1) may retain possession of the goods or the right or title to the real property; and(2) has a lien on the goods or real property to the extent of any recovery to which the consumer is entitled.Added by Acts 2007, 80th Leg., R.S., Ch(H.B2278), Sec2.01, effApril 1, 2009.SecCONSUMER'S DUTIES WITH RESPECT TO DELIVERED GOODS OR REAL PROPERTY(a) Within a reasonable time after a cancellation under this chapter, the consumer must, on demand, tender to the merchant any goods or any right or title to real property delivered by the merchant under the consumer transaction.(b) The consumer is not obligated to tender goods at a place other than the consumer's residence.(c) If the merchant fails to demand possession of the goods or the right or title to real property within a reasonable time after cancellation, the goods or real property become the property of the consumer without obligation to pay.(d) Goods or real property in possession of the consumer are at the risk of the merchant, except that the consumer shall take reasonable care of the goods or the real property both before and for a reasonable time after cancellation.(e) For purposes of this section, days is presumed to be a reasonable time.Added by Acts 2007, 80th Leg., R.S., Ch(H.B2278), Sec2.01, effApril 1, 2009.SUBCHAPTER DPROHIBITED ACTS AND CONDUCT BY MERCHANT SecCONFESSION OF JUDGMENT OR WAIVER OF RIGHTSA merchant may not include in a contract or receipt pertaining to a consumer transaction a confession of judgment or a waiver of any of the rights to which the consumer is entitled under this chapter.Added by Acts 2007, 80th Leg., R.S., Ch(H.B2278), Sec2.01, effApril 1, 2009.SecFAILURE TO INFORM OR MISREPRESENTATION OF RIGHT TO CANCELA merchant may not:(1) at the time the consumer signs the contract pertaining to a consumer transaction or purchases the goods, services, or real property, fail to inform the consumer orally of the right to cancel the transaction; or(2) misrepresent in any manner the consumer's right to cancel.Added by Acts 2007, 80th Leg., R.S., Ch(H.B2278), Sec2.01, effApril 1, 2009.SecTRANSFER OF INDEBTEDNESS DURING CERTAIN PERIODA merchant may not negotiate, transfer, sell, or assign a note or other evidence of indebtedness to a finance company or other third party before midnight of the fifth business day after the date the contract pertaining to a consumer transaction was signed or the goods or services were purchased.Added by Acts 2007, 80th Leg., R.S., Ch(H.B2278), Sec2.01, effApril 1, 2009.SecFAILURE TO TAKE CERTAIN ACTIONS FOLLOWING RECEIPT OF NOTICE OF CANCELLATIONA merchant may not:(1) fail to notify the consumer before the end of the 10th business day after the date the merchant receives the notice of cancellation whether the merchant intends to repossess or abandon any shipped or delivered goods;(2) fail or refuse to honor a valid cancellation under this chapter by a consumer; or(3) fail before the end of the 10th business day after the date the merchant receives a valid notice of cancellation to:(A) refund all payments made under the contract or sale;(B) return any goods or property traded in to the merchant in substantially the same condition as when received by the merchant;(C) cancel and return a negotiable instrument executed by the consumer in connection with the contract of sale;(D) take any action appropriate to terminate promptly any security interest created in the transaction; or(E) restore improvements on real property to the same condition as when the merchant took title to or possession of the real property unless the consumer requests otherwise.Added by Acts 2007, 80th Leg., R.S., Ch(H.B2278), Sec2.01, effApril 1, 2009.SUBCHAPTER EENFORCEMENT SecCERTAIN SALES OR CONTRACTS VOIDA sale or contract entered into under a consumer transaction in violation of Section 601.053(b) or Subchapter D is void.Added by Acts 2007, 80th Leg., R.S., Ch(H.B2278), Sec2.01, effApril 1, 2009.SecLIABILITY FOR DAMAGESA merchant who violates this chapter is liable to the consumer for:(1) actual damages suffered by the consumer as a result of the violation;(2) reasonable attorney's fees; and(3) court costs.Added by Acts 2007, 80th Leg., R.S., Ch(H.B2278), Sec2.01, effApril 1, 2009.SecALTERNATIVE RECOVERY UNDER CERTAIN CIRCUMSTANCESIf the merchant fails to tender goods or property traded to the merchant in substantially the same condition as when received by the merchant, the consumer may elect to recover an amount equal to the traallowance stated in the agreement.Added by Acts 2007, 80th Leg., R.S., Ch(H.B2278), Sec2.01, effApril 1, 2009.SecDECEPTIVE TRADE PRACTICEA violation of this chapter is a false, misleading, or deceptive act or practice as defined by Section 17.46(b)In addition to any remedy under this chapter, a remedy under Subchapter E, Chapter 17, is also available for a violation of this chapter.Added by Acts 2007, 80th Leg., R.S., Ch(H.B2278), Sec2.01, effApril 1, 2009.SecINJUNCTIONIf the attorney general believes that a person is violating or about to violate this chapter, the attorney general may bring an action in the name of the state to restrain or enjoin the person from violating this chapter.Added by Acts 2007, 80th Leg., R.S., Ch(H.B2278), Sec2.01, effApril 1, Regards, [redacted] ***

This is a flat out lieYou and your husband are thieves we had a contract And verbal agreements that you in your husband brokeYou paid me my final payment and then cancel the check at is theft of laborAfter me in your husband had decided that I was in to get back out there and go over
everything with you guysYou never intended to pay meAnd for the dispute amount you're lying there toYou've already taken back my final payment which was $Now you You're demanding me to pay back your material costYou have a gate you're using itEither send me back the money that you owe me or find another contractorI'm sure I'm not the only contractor that you screwed like thisAs far as you taking me to court I really do hope I get to see you guys thereBut knowing your track record I'm sure that Just a lie toEnjoy your day miss *** and please don't try to contact my customers again trying to encourage them to take this ridiculous route the you've taken

Complaint: [redacted]
I am rejecting this response because:
First of all, I would like to know what he considers "FLAT OUT LIES".   Everything I said is the truth.   We had a contract for services he did not perform and the work that he did was not to the standard we agreed upon.The "verbal" agreement was that he send one of his employees out to fix the mistakes he made on the gate and then he never sent anyone, stopped returning calls, etc.   We were more than willing to work with him to give him the benefit of the doubt and let his employee fix the mess he left but when someone stops responding to your calls or texts, it makes it pretty hard to do.   We are not the only ones that have been screwed over by him.  Look at his reviews.  As far as him representing himself as Revdex.com accredited.. THIS is the Revdex.com. They know they reached out to him and made him remove the Revdex.com sticker from his truck and from his website.  He negotiated with our attorney, made counter offers that we agreed to and then backed out.  All he does is give us the runaround.  We have all the emails, texts, video recordings from our surveillance cameras, recorded phone conversations and photos to prove our case in court.   He needs to learn how to conduct business. You can't go off on people that are paying you for a service just because they are not happy with the work you are doing. That shows extreme immaturity. I trusted him to come to my home and do a good job and do the job we paid him to do.  Now we are left with a butchered up/sagging gate that won't close, we have to pry it up to get it to latch, use a bungee cord on it to hold it closed, the post is set in my sprinkler system (in concrete) and the posts are rusting where he did not seal the cuts he made.  When the gate swings open, rust POURS out of it where he drilled holes in it and didn't seal it.The City inspector came out to look at another job and when he looked at the work Mr. [redacted] did he was dumbfounded.  He asked if he got a permit or was registered with the city. He is not. I've also filed a complaint with the FTC for Deceptive Trade Practices and the Attorney General has already responded to my complaint and started a file on Mr. [redacted].  The state won't do that unless there is compelling evidence and they said there was enough there.  If anyone is lying, it is Mr. [redacted]. How he can pretend to be an honest person when he goes around screwing people out of money is beyond me.  Thank GOD we canceled the 2nd check after seeing the MESS he left us with (and incomplete too).   The verbal agreement was that you send us a copy of an updated contract for us to look over and you never did that.  The agreement was for your employee to come to the house to fix your mistakes.. you never sent anyone.You have a warped sense of reality if you don't see that YOU are the only one breaking agreements. The Revdex.com can see by your response that THIS is what I have had to deal with. Hostility, lies, not honoring your work or your word. If you don't have enough ethics to hold true to your word.. then how can anyone trust you to do the job you are paid to do? We never said we wouldn't pay you. We only wanted the JOB COMPLETED before we did.  You proved that canceling the check was the right thing to do because you never came back. You could have come back and fixed it and got cash (we had agreed to do that, too) and then you blew us off.   They can see that if THIS is the response every time we tried to get you to fix what you broke (which it is), then everything I say is 100% accurate.I have attached documentation of the proof.I can send the audio and video files as well, it just doesn't allow that file type on this form.Regards,
[redacted]

Complaint: [redacted]
I am rejecting this response because:This business is obviously mental.  We stole nothing. We hired him to do a job and the agreement was to pay 1/2 up front (which we did) and half when completed (which it never was done).  The pictures, audio and video prove everything.In addition, he is in violation of federal and state law.  He wants to go to court.. he will.  He will owe us more than what we paid.  We gave him three months to honor his work which he refused to do.   He had opportunity to retrieve his material after he refunded us and we gave him more time than is required by federal and state law.   I hope other consumers don't continue to be ripped off by him.  We tried to be fair and give him the opportunity to make things right and all he has done is spew this type of hostility at us... and then he wonders why we have resorted to attorneys and court.  HOW you respond to an upset customer speaks volumes to your character.   He obviously has problems.If we were trying to steal ANYTHING, then why have we exhausted three months of trying to work with him to get our money back in return for the gate he built (that isn't to our specifications) so that he can use it on another job or sell it and recoup his costs?  We have TRIED working with him.  If this is how he works with consumers then plan on receiving even more complaints.He need to read up on the law:BUSINESS AND COMMERCE CODE TITLE 12. RIGHTS AND DUTIES OF CONSUMERS AND MERCHANTS CHAPTER 601. CANCELLATION OF CERTAIN CONSUMER TRANSACTIONS SUBCHAPTER A. GENERAL PROVISIONS Sec. 601.001. DEFINITIONS. In this chapter:(1) "Consumer" means an individual who seeks or acquires real property, money or other personal property, services, or credit for personal, family, or household purposes.(2) "Consumer transaction" means a transaction between a merchant and one or more consumers.(3) "Merchant" means a party to a consumer transaction other than a consumer.(4) "Merchant's place of business" means a merchant's main or permanent branch office or local address. For a state or national bank or savings and loan association, the term includes an approved branch office and a registered loan production office.Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.Sec. 601.002. APPLICABILITY OF CHAPTER; EXCEPTION. (a) This chapter applies only to a consumer transaction in which:(1) the merchant or the merchant's agent engages in a personal solicitation of a sale to the consumer at a place other than the merchant's place of business;(2) the consumer's agreement or offer to purchase is given to the merchant or the merchant's agent at a place other than the merchant's place of business; and(3) the agreement or offer is for:(A) the purchase of goods or services for consideration that exceeds $25, payable in installments or in cash; or(B) the purchase of real property for consideration that exceeds $100, payable in installments or in cash.(b) Notwithstanding Subsection (a), this chapter does not apply to:(1) a purchase of farm equipment;(2) an insurance sale regulated by the Texas Department of Insurance;(3) a sale of goods or services made:(A) under a preexisting revolving charge account or retail charge agreement; or(B) after negotiations between the parties at a business establishment in a fixed location where goods or services are offered or exhibited for sale; or(4) a sale of real property if:(A) the purchaser is represented by a licensed attorney;(B) the transaction is negotiated by a licensed real estate broker; or(C) the transaction is negotiated at a place other than the consumer's residence by the person who owns the property.Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.SUBCHAPTER B. CONSUMER'S RIGHT TO CANCEL TRANSACTION Sec. 601.051. CONSUMER'S RIGHT TO CANCEL. In addition to any other rights or remedies available, a consumer may cancel a consumer transaction not later than midnight of the third business day after the date the consumer signs an agreement or offer to purchase.Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.Sec. 601.052. NOTICE OF CONSUMER'S RIGHT TO CANCEL REQUIRED. (a) A merchant must provide a consumer with a complete receipt or copy of a contract pertaining to the consumer transaction at the time of its execution.(b) The document provided under Subsection (a) must:(1) be in the same language as that principally used in the oral sales presentation;(2) contain the date of the transaction;(3) contain the name and address of the merchant; and(4) contain a statement:(A) in immediate proximity to the space reserved in the contract for the signature of the consumer or on the front page of the receipt if a contract is not used; and(B) in boldfaced type of a minimum size of 10 points in substantially the following form:"YOU, THE BUYER, MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION. SEE THE ATTACHED NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT."Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.Sec. 601.053. COMPLETED CANCELLATION FORM REQUIRED. (a) A merchant that provides a document under Section 601.052 must attach to the document a completed notice of cancellation form in duplicate. The form must:(1) be easily detachable;(2) be in the same language as the document provided under Section 601.052; and(3) contain the following information and statements in 10-point boldfaced type:"NOTICE OF CANCELLATION (enter date of transaction)"YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR OBLIGATION, WITHIN THREE BUSINESS DAYS FROM THE ABOVE DATE."IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENTS MADE BY YOU UNDER THE CONTRACT OR SALE, AND ANY NEGOTIABLE INSTRUMENT EXECUTED BY YOU WILL BE RETURNED WITHIN 10 BUSINESS DAYS FOLLOWING RECEIPT BY THE MERCHANT OF YOUR CANCELLATION NOTICE, AND ANY SECURITY INTEREST ARISING OUT OF THE TRANSACTION WILL BE CANCELLED."IF YOU CANCEL, YOU MUST MAKE AVAILABLE TO THE MERCHANT AT YOUR RESIDENCE, IN SUBSTANTIALLY AS GOOD CONDITION AS WHEN RECEIVED, ANY GOODS DELIVERED TO YOU UNDER THIS CONTRACT OR SALE; OR YOU MAY IF YOU WISH, COMPLY WITH THE INSTRUCTIONS OF THE MERCHANT REGARDING THE RETURN SHIPMENT OF THE GOODS AT THE MERCHANT'S EXPENSE AND RISK."IF YOU DO NOT AGREE TO RETURN THE GOODS TO THE MERCHANT OR IF THE MERCHANT DOES NOT PICK THEM UP WITHIN 20 DAYS OF THE DATE OF YOUR NOTICE OF CANCELLATION, YOU MAY RETAIN OR DISPOSE OF THE GOODS WITHOUT ANY FURTHER OBLIGATION."TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER WRITTEN NOTICE, OR SEND A TELEGRAM, TO (name of merchant), AT (address of merchant's place of business) NOT LATER THAN MIDNIGHT OF (date).I HEREBY CANCEL THIS TRANSACTION.(date)(buyer's signature)" (b) A merchant may not fail to include on both copies of the form described by Subsection (a):(1) the name of the merchant;(2) the address of the merchant's place of business;(3) the date of the transaction; and(4) a date not earlier than the third business day after the date of the transaction by which the consumer must give notice of cancellation.Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.Sec. 601.054. USE OF FORMS AND NOTICES PRESCRIBED BY THE FEDERAL TRADE COMMISSION AUTHORIZED. The use of the forms and notices of the right to cancel prescribed by the Federal Trade Commission's trade-regulation rule providing a cooling-off period for door-to-door sales constitutes compliance with Sections 601.052 and 601.053.Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.Sec. 601.055. ALTERNATIVE NOTICE AUTHORIZED FOR CERTAIN CONSUMER TRANSACTIONS. A consumer transaction in which the contract price does not exceed $200 complies with the notice requirements of Sections 601.052 and 601.053 if:(1) the consumer may at any time cancel the order, refuse to accept delivery of the goods without incurring any obligation to pay for the goods, or return the goods to the merchant and receive a full refund of the amount the consumer has paid; and(2) the consumer's right to cancel the order, refuse delivery, or return the goods without obligation or charge at any time is clearly and conspicuously stated on the face or reverse side of the sales ticket.Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.SUBCHAPTER C. RIGHTS AND DUTIES OF CONSUMER AND MERCHANT Sec. 601.101. MERCHANT'S COMPENSATION. A merchant is not entitled to compensation for services performed under a consumer transaction canceled under this chapter.Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.Sec. 601.102. CONSUMER'S RETENTION OF GOODS OR TITLE TO REAL PROPERTY AUTHORIZED. Until a merchant has complied with this chapter, a consumer with possession of goods or the right or title to real property delivered by the merchant:(1) may retain possession of the goods or the right or title to the real property; and(2) has a lien on the goods or real property to the extent of any recovery to which the consumer is entitled.Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.Sec. 601.103. CONSUMER'S DUTIES WITH RESPECT TO DELIVERED GOODS OR REAL PROPERTY. (a) Within a reasonable time after a cancellation under this chapter, the consumer must, on demand, tender to the merchant any goods or any right or title to real property delivered by the merchant under the consumer transaction.(b) The consumer is not obligated to tender goods at a place other than the consumer's residence.(c) If the merchant fails to demand possession of the goods or the right or title to real property within a reasonable time after cancellation, the goods or real property become the property of the consumer without obligation to pay.(d) Goods or real property in possession of the consumer are at the risk of the merchant, except that the consumer shall take reasonable care of the goods or the real property both before and for a reasonable time after cancellation.(e) For purposes of this section, 20 days is presumed to be a reasonable time.Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.SUBCHAPTER D. PROHIBITED ACTS AND CONDUCT BY MERCHANT Sec. 601.151. CONFESSION OF JUDGMENT OR WAIVER OF RIGHTS. A merchant may not include in a contract or receipt pertaining to a consumer transaction a confession of judgment or a waiver of any of the rights to which the consumer is entitled under this chapter.Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.Sec. 601.152. FAILURE TO INFORM OR MISREPRESENTATION OF RIGHT TO CANCEL. A merchant may not:(1) at the time the consumer signs the contract pertaining to a consumer transaction or purchases the goods, services, or real property, fail to inform the consumer orally of the right to cancel the transaction; or(2) misrepresent in any manner the consumer's right to cancel.Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.Sec. 601.153. TRANSFER OF INDEBTEDNESS DURING CERTAIN PERIOD. A merchant may not negotiate, transfer, sell, or assign a note or other evidence of indebtedness to a finance company or other third party before midnight of the fifth business day after the date the contract pertaining to a consumer transaction was signed or the goods or services were purchased.Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.Sec. 601.154. FAILURE TO TAKE CERTAIN ACTIONS FOLLOWING RECEIPT OF NOTICE OF CANCELLATION. A merchant may not:(1) fail to notify the consumer before the end of the 10th business day after the date the merchant receives the notice of cancellation whether the merchant intends to repossess or abandon any shipped or delivered goods;(2) fail or refuse to honor a valid cancellation under this chapter by a consumer; or(3) fail before the end of the 10th business day after the date the merchant receives a valid notice of cancellation to:(A) refund all payments made under the contract or sale;(B) return any goods or property traded in to the merchant in substantially the same condition as when received by the merchant;(C) cancel and return a negotiable instrument executed by the consumer in connection with the contract of sale;(D) take any action appropriate to terminate promptly any security interest created in the transaction; or(E) restore improvements on real property to the same condition as when the merchant took title to or possession of the real property unless the consumer requests otherwise.Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.SUBCHAPTER E. ENFORCEMENT Sec. 601.201. CERTAIN SALES OR CONTRACTS VOID. A sale or contract entered into under a consumer transaction in violation of Section 601.053(b) or Subchapter D is void.Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.Sec. 601.202. LIABILITY FOR DAMAGES. A merchant who violates this chapter is liable to the consumer for:(1) actual damages suffered by the consumer as a result of the violation;(2) reasonable attorney's fees; and(3) court costs.Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.Sec. 601.203. ALTERNATIVE RECOVERY UNDER CERTAIN CIRCUMSTANCES. If the merchant fails to tender goods or property traded to the merchant in substantially the same condition as when received by the merchant, the consumer may elect to recover an amount equal to the trade-in allowance stated in the agreement.Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.Sec. 601.204. DECEPTIVE TRADE PRACTICE. A violation of this chapter is a false, misleading, or deceptive act or practice as defined by Section 17.46(b). In addition to any remedy under this chapter, a remedy under Subchapter E, Chapter 17, is also available for a violation of this chapter.Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.Sec. 601.205. INJUNCTION. If the attorney general believes that a person is violating or about to violate this chapter, the attorney general may bring an action in the name of the state to restrain or enjoin the person from violating this chapter.Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
Regards,
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Say what you want regardless y'all stole for me. and yes you are a liar. I and I do not have time for your games. You said what you had to say now let's be adults and I'll see you in court. Have a blessed day.