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Report: #1495273

Complaint Review: Champion Windows and Home Exteriors of Fort Worth - Fort Worth Texas

  • Submitted:
  • Updated:
  • Reported By: jody — frisco texas United States
  • Champion Windows and Home Exteriors of Fort Worth 2951 Northern Cross Blvd #249 Fort Worth, Texas United States

Champion Windows and Home Exteriors of Fort Worth Made an offer on a sunroom buildout, signed a contract for the offer, then raised the price significantly 2.5 weeks later Fort Worth Texas

*Author of original report: No we did not agree to "ALL of this".

*Consumer Comment: You agreed to all of this

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In our initial consult with Champion Windows, we negotiated a price for a sunroom buildout and signed a contract.  We were advised that there "may" be a need for concrete/footer work which could increase the cost of the project.  We asked what that cost might be but were given no estimate.  We advised the representative at that time, that if there was an additional cost and that if it was too high, that we would not proceed with the project.

Our contract states that someone would come out for a remeasure and give us an estimate for concrete/footer work, if it was needed, within 1-5 days.  Two weeks later, this person came out and measured.  Two and a half weeks later, they gave us an estimate for two options- one was $6K and the other was $3k.  At that time, we decided to cancel the project since the cost was too high.  We informed Champion Windows that we would like to cancel.  They attempted to coerce us into accepting their new bid by warning of a 30% cancellation fee that is written into the contract.  But with their new counteroffer of additional work, we have the right to decline their offer, which we did.  They are stating that we negotiated with them regarding the costs of the extra concrete work, which we did not.  We cancelled outright at the first counteroffer.  They kept lowering their proposed costs for concrete work, on their own volition, until it reached $0.00 which, Champion Windows is stating, requires us to be bound to the original conctract.

Champion Windows is stating that the contract states that we have 3 days from the date of signing, to cancel the contract with no cancellation fee.  How does one make an informed consent and have the ability to cancel within the three day window, when the company does not present the additional costs until two and a half weeks later?

Champion Windows has charged us the 30% fee of the total project ($5200) for providing a free consultation and a free remeasure and bid for concrete/footer work.  A representative from Champion Windows stated that the counteroffer bids presented via email are not legally binding since "nothing was in writing or in contract form".  This company has no compunction charging exorbitant amounts of money for no work done.

This report was posted on Ripoff Report on 05/15/2020 07:59 AM and is a permanent record located here: https://www.ripoffreport.com/report/champion-windows-home-fort/texas-made-fer-sunroom-signed-1495273. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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REBUTTALS & REPLIES:
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#2 Author of original report

No we did not agree to "ALL of this".

AUTHOR: jody - (United States)

POSTED: Saturday, May 16, 2020

On the day of our consultation, when we decided to move forward with the sunroom, we were told "we MAY need footers" and were given no information regarding potential cost.  In the handwriting of the representative from Champion Windows, in the comments section of our contract, it states that "Price remains as long as footers are not needed for concrete".  This alone indicates the implication that no additional work may be needed.  Champion Windows recommended both footers and a new concrete slab; $6,000.00 of additional work.  

The recommendation for additional costs/work is a contract counteroffer (a need for change to the contract on Champion Windows part) which then requires consent or acceptance.  This counteroffer was presented in writing via email which then demands either acceptance to the additional cost or for negotiation to begin again. 

If the change does not require consent, which Champion Windows is arguing, then the logic they are using allows for any charge to be presented and we would still be contractually obligated to pay.  According to Champion Windows logic, they could have proposed $100,000.00 worth of additional work and we would be contractually obligated with no right to decline, or stand to lose the 30% cancellation fee.  If this is true, Champion Windows could replicate this scenario over and over again, very profitably.

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#1 Consumer Comment

You agreed to all of this

AUTHOR: Robert - (United States)

POSTED: Saturday, May 16, 2020

But with their new counteroffer of additional work, we have the right to decline their offer, which we did.
- Was that in writting in the contract? If not then you had no such right, a "verbal" agreement does not override the written contract.

They kept lowering their proposed costs for concrete work, on their own volition, until it reached $0.00 which, Champion Windows is stating, requires us to be bound to the original conctract.
- They are likely correct. Your only reason for wanting out of the contract was the extra cost. Once that was resolved, you have no further grounds for cancellation based on your narrative. Thus you are likely bound by all of the terms..including the cancellation fee.

Champion Windows is stating that the contract states that we have 3 days from the date of signing, to cancel the contract with no cancellation fee.
- Yes, and again that was in the contract you signed. If you didn't think this 3 day window was enough, you should NOT have signed the contract.


A representative from Champion Windows stated that the counteroffer bids presented via email are not legally binding since "nothing was in writing or in contract form".
- Again they are likely correct. You can provide any "Counter Offer" you want, but if they don't accept it those changes are not binding.

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