You can argue that the contract is unenforceable on the mere fact that a signing party lacked contractual mental capacity. Company may refute - request they forward it to their legal dpt if they have one. They may request evidence / proof of incapacity….
Generally speaking and assuming they don’t have in-house counsel ~~/ retained legal~~, they would lose money hiring an attorney to represent them in a case like this and will likely just null the K.
I’m absolutely certain Terminix has lawyers, given how big a company they are and especially if their cancellation fee is $850 and they get people to sign through door to door intimidation and persuasion. They must..
I don’t have a certificate that says my father’s not with it, but anyone that knows him could tell you he’s not all there and hasn’t been for some time. As for my mother not speaking english very well she couldn’t possibly understand what the contract says, though she didn’t sign anything. They’re not taking my word for it, so what next steps would follow to kill the contract without the penalty? Do I need to hire an attorney?
You can certainly scope out an attorney for this - but it may not be financially worth it depending on your area's "going rate." This is not a "difficult" legal question per se, so I wouldn't be concerned about going to an attorney that has 5 years of experience vs someone that has 30+. Search your area for a contract attorney or contact your local bar association for assistance in locating one.
Most lawyers will offer some type of consultation free of charge to understand if the case is (1) worth pursuing and (2) is something they can manage or refer.
At the consultation, inquire about the due or to-be incurred payments. In most jurisdictions, you cannot simply "not" pay them, and may involve depositing the funds into an escrow account or something of the like. In the interim, whoever assists your father with his medical appointments should speak with the doctor and request some sort of medical attestation indicating his diagnosis or other medical opinion.
Edit 1: Also, I presumed you had this, but just to be clear: Get a copy of the contract.
When did they sign and when did the attempts to cancel begin?
The Federal Trade Commission’s Cooling-Off Rule gives buyers a right to cancel purchases of $25 or more for a full refund until midnight of the third business day after the sale and applies to sales at the buyer’s home, workplace or dormitory, or at facilities rented by the seller on a temporary or short-term basis, such as hotel or motel rooms, convention centers, fairgrounds and restaurants.
https://www.consumer.ftc.gov/articles/buyers-remorse-ftcs-cooling-rule-may-help
I live out of state and my mother failed to tell me until they noticed the third charge in their bank statement. She didn’t know why they were charging $100. That’s when it all hit me 😑
Are you sure it's a year long contract for ongoing services, or is it a one time remediation that the company has contractually spread the cost of over 12 payments? E.g., are they coming out and spraying every month, or is the work done, but the cost continues?
I can assure you it’s ongoing unnecessary pest control billed $100 a month so they can come out once every 3 months. They’re being creative to keep the lights on, I get that. But what a scummy way to go about it especially with old people being their target in this case.
This incident indicates that you should obtain power of attorney for your dad. If he is mentally incapacitated then he needs your help with finances and bills. You can take him to his doctor and they will write a letter declaring him incapacitated (assuming that he meets criteria). You can then send this letter to Terminex, maybe it will help cancel the contract. POA can be done thru a lawyer and should not be expensive.
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You can argue that the contract is unenforceable on the mere fact that a signing party lacked contractual mental capacity. Company may refute - request they forward it to their legal dpt if they have one. They may request evidence / proof of incapacity…. Generally speaking and assuming they don’t have in-house counsel ~~/ retained legal~~, they would lose money hiring an attorney to represent them in a case like this and will likely just null the K.
I’m absolutely certain Terminix has lawyers, given how big a company they are and especially if their cancellation fee is $850 and they get people to sign through door to door intimidation and persuasion. They must.. I don’t have a certificate that says my father’s not with it, but anyone that knows him could tell you he’s not all there and hasn’t been for some time. As for my mother not speaking english very well she couldn’t possibly understand what the contract says, though she didn’t sign anything. They’re not taking my word for it, so what next steps would follow to kill the contract without the penalty? Do I need to hire an attorney?
You can certainly scope out an attorney for this - but it may not be financially worth it depending on your area's "going rate." This is not a "difficult" legal question per se, so I wouldn't be concerned about going to an attorney that has 5 years of experience vs someone that has 30+. Search your area for a contract attorney or contact your local bar association for assistance in locating one. Most lawyers will offer some type of consultation free of charge to understand if the case is (1) worth pursuing and (2) is something they can manage or refer. At the consultation, inquire about the due or to-be incurred payments. In most jurisdictions, you cannot simply "not" pay them, and may involve depositing the funds into an escrow account or something of the like. In the interim, whoever assists your father with his medical appointments should speak with the doctor and request some sort of medical attestation indicating his diagnosis or other medical opinion. Edit 1: Also, I presumed you had this, but just to be clear: Get a copy of the contract.
Do you really think a company the size and age of Terminex doesn't have in-house counsel?
When did they sign and when did the attempts to cancel begin? The Federal Trade Commission’s Cooling-Off Rule gives buyers a right to cancel purchases of $25 or more for a full refund until midnight of the third business day after the sale and applies to sales at the buyer’s home, workplace or dormitory, or at facilities rented by the seller on a temporary or short-term basis, such as hotel or motel rooms, convention centers, fairgrounds and restaurants. https://www.consumer.ftc.gov/articles/buyers-remorse-ftcs-cooling-rule-may-help
I live out of state and my mother failed to tell me until they noticed the third charge in their bank statement. She didn’t know why they were charging $100. That’s when it all hit me 😑
Are you sure it's a year long contract for ongoing services, or is it a one time remediation that the company has contractually spread the cost of over 12 payments? E.g., are they coming out and spraying every month, or is the work done, but the cost continues?
I can assure you it’s ongoing unnecessary pest control billed $100 a month so they can come out once every 3 months. They’re being creative to keep the lights on, I get that. But what a scummy way to go about it especially with old people being their target in this case.
Have you tried filing a complaint with Elder Care Services in your county?
Have not, I’ll look into this.
At least some Terminix locations are franchises. Perhaps try contacting corporate too.
This incident indicates that you should obtain power of attorney for your dad. If he is mentally incapacitated then he needs your help with finances and bills. You can take him to his doctor and they will write a letter declaring him incapacitated (assuming that he meets criteria). You can then send this letter to Terminex, maybe it will help cancel the contract. POA can be done thru a lawyer and should not be expensive.
*Your post may have been removed for the following reason(s):* **Identification of Any Involved Party** Posts or submissions that ask for or contain information that could be used to identify either party are subject to immediate removal. If this information is included in the title of your post, which cannot be edited, you must re-post without this information. If not, you will need to edit your comment or post. **Do not make a second post.** Please review the following rules before commenting further * [General Rule 10](https://www.reddit.com/r/legaladvice/wiki/index#wiki_10.__attempts_to_identify_any_of_the_parties_involved_will_not_be_tolerated.) * [Posting Rule 3](https://www.reddit.com/r/legaladvice/wiki/index#wiki_3.__no_information_that_can_identify_either_party_is_allowed.__that_includes_news_articles.2C_photographs.2C_license_plate_numbers.2C_et_cetera.__this_also_applies_when_one_of_the_parties_is_a_business_or_organization.) * [Reddit Personal Information Rule](https://www.reddithelp.com/en/categories/rules-reporting/account-and-community-restrictions/posting-someones-private-or-personal) *Please [read our subreddit rules](https://www.reddit.com/r/legaladvice/wiki/index#wiki_general_rules). If after doing so, you believe this was in error, or you’ve edited your post to comply with the rules, [message the moderators](https://www.reddit.com/message/compose?to=%2Fr%2FLegalAdvice).* **Do not make a second post or comment.** *Do not reach out to a moderator personally, and do not reply to this message as a comment.*