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Consumer Law Keyed to Pridgen, 5th Ed.
Cole v. Lovett
Citation:
672 F. Supp. 947 (1987)Facts
On November 9, 1982, Capitol Roofing representatives Tony Stepp and Ken Smith visited the Coles’ home at approximately 6:00 p.m. and presented a contract for vinyl siding installation costing $4,900. The Coles signed multiple documents that evening, including a work order, disclosure statement, loan application, notice of right to cancel, and deed of trust. However, the Coles testified credibly that Stepp arranged the documents so they could only see the work order contract, lifting each page only enough to obtain signatures at the bottom. They received only a carbon copy of the work order and disclosure statement. The next morning, Judy Cole called to cancel, but Stepp told her the papers were processed and workers would arrive at week’s end. When she returned home that day, the installation crew was already applying siding. The Coles were never informed they were granting a security interest in their home and did not discover the deed of trust until approximately a year later when applying for additional credit. After making eleven payments and experiencing continuing problems with the siding, the Coles stopped payment and sought legal counsel.
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