Crystal v. West & Callahan, Inc.

614 A.2d 560, 328 Md. 318, 1992 Md. LEXIS 169
CourtCourt of Appeals of Maryland
DecidedOctober 27, 1992
Docket152, September Term, 1991
StatusPublished
Cited by33 cases

This text of 614 A.2d 560 (Crystal v. West & Callahan, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Crystal v. West & Callahan, Inc., 614 A.2d 560, 328 Md. 318, 1992 Md. LEXIS 169 (Md. 1992).

Opinions

RODOWSKY, Judge.

This case involves the construction of the Maryland Door-to-Door Sales Act. If a transaction is subject to that statute, the buyer has an absolute right to cancel the contract within three business days, and the seller must make certain disclosures concerning that right of cancellation. Here the seller made over $23,000 worth of improve[321]*321ments to the appellant’s home, without having made the required disclosures. The question is whether the buyer may cancel some one and one-half years after the work was completed and keep the improvements without having paid for them.

Appellant, Joyce Crystal (Crystal), purchased a contemporary waterfront home in Caroline County and moved there from Massachusetts in November 1988. The house had an opening in the second floor through which light from a skylight in the roof could reach the first floor. Crystal thought the opening could be dangerous, and she decided to have it closed. An Easton realtor brought a contractor, Charles Callahan (Callahan), of the appellee, West & Callahan, Inc. (West & Callahan), to the house. It is not clear how the realtor became aware of Crystal’s interest in discussing the matter with a contractor. At some point while Callahan was in the house, for the purpose of discussing the possibility of closing the floor or of actually doing that work, Crystal asked Callahan about another home improvement that became the subject of this dispute: extending and enclosing a screened-in porch.

Crystal and Callahan orally agreed that Callahan would extend the porch six to eight feet and enclose it with walls and windows. There was no written contract. There were no written plans. Callahan did not give Crystal written or oral notice of a right to cancel. Crystal and her ex-husband, who was present during several of the conversations with Callahan, testified that Callahan estimated that the job would cost $10,000. Callahan testified that the contract was on a time and materials basis, that he never gave an estimate of the total price, and that the $10,000 figure estimated the cost for certain high-quality windows and doors to be incorporated into the work.

The problems began when Crystal came home one day and discovered that Callahan’s workers were removing the roof from her old porch. The workers installed a new, raised roof. It was Crystal’s understanding that the existing roof would be maintained, and a new section abutting [322]*322the old one would be added over the porch extension. Callahan believed that Crystal had approved a new roof and, moreover, that the only way to do all that Crystal wanted was to install an entirely new roof. Callahan eventually installed a second, lower roof, and charged Crystal on the basis that the work had been changed in progress.

Callahan submitted two bills, one in January 1989 for work to that point totalling $13,448.28, and a final bill in April for $10,321.50. Crystal paid $2,000 as a “good faith” payment on the total bill of $23,769.78. She refused to pay the balance because the price was considerably higher than the estimate she said she received, and because she was generally dissatisfied with the work. In addition to the dispute about the roof, Crystal alleged a number of workmanship defects, including improperly installed windows, installation of the wrong type of heating system, roof leakage, and improper matching of paint and materials.

West & Callahan filed suit in August 1989 in the Circuit Court for Caroline County to collect the balance. Crystal answered, denying liability, and in November 1989 counterclaimed for damages. One year later, on November 16, 1990, Crystal filed an amended counterclaim, alleging for the first time in a new count that Callahan violated the Door-to-Door Sales Act by, among other things, failing to provide Crystal with the required notice of cancellation. The amended counterclaim demanded return of the $2,000 previously paid. Also on November 16, 1990, Crystal’s attorney wrote to West & Callahan and its attorney stating that Crystal “hereby cancels the transaction alleged in your complaint.”

After a non-jury trial on the merits the court entered judgment for West & Callahan in the principal sum of $21,769.78. This represented the full value of the work, utilizing the amount billed to evidence value, less the $2,000 credit. The court also awarded prejudgment interest.

Crystal had moved for summary judgment and for judgment at the close of the plaintiff’s case, without success, on [323]*323the ground that the statutory right to cancel had been effectively invoked by her. At the end of the case the circuit court held that the statute did not apply to the subject transaction. The court did not articulate its analysis underlying that conclusion.

Crystal appealed to the Court of Special Appeals. We issued the writ of certiorari on our own motion prior to consideration of the matter by the intermediate appellate court.

Three issues of coverage under the Door-to-Door Sales Act are identified in Crystal’s brief. She argues that (1) the statute applies to home improvement transactions, (2) where the seller continuously fails to give the required notice, there is no limitation on the length of time during which the right of cancellation may be exercised, and (3) in the event of a cancellation authorized under the statute, the seller has no recovery in quantum meruit. The Consumer Protection Division of the Office of the Attorney General of Maryland (CPD) has filed an amicus curiae brief supporting the positions advanced by Crystal.

We shall hold that there is no exclusion of home improvement transactions, by virtue of their being such, from the Maryland Door-to-Door Sales Act. We shall also hold, however, that the Maryland version of the right to cancel does not continue as of right until disclosures are made by the seller, and that, under the undisputed facts, Crystal’s attempted cancellation was untimely. Consequently, it is unnecessary to decide here what the role, if any, of quantum meruit might be following an effective cancellation of a door-to-door contract to improve realty. Because the reasons for our conclusions lie in the history of differing regulations of door-to-door selling, we must first present that review before addressing the questions presented.

I

“Unsolicited door-to-[door] sales, also called home solicitation sales, have long been regarded as targets of con[324]*324sumer reform. This is so because unwary consumers are particularly vulnerable to high pressure sales tactics, first outside on the doorstep and then inside the house, at a time when they do not have the benefit of competitive shopping and thus may be unaware of the retail price for the same or comparable merchandise. In addition, many of the people whom door-to-door sellers find at home, such as the elderly and the poor, are the ones least able to resist this sales approach.”

1 H. Alperin & R. Chase, Consumer Law: Sales Practices and Credit Regulation § 78, at 101 (1986).

The common feature of a consumer protection statute directed at home solicitation sales is the consumer’s right to cancel within a “cooling off” period. That period is a number of days after the contract to sell is made. During that period the buyer’s right to cancel is absolute. It may be exercised simply because the buyer has a change of mind about making the purchase.

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Bluebook (online)
614 A.2d 560, 328 Md. 318, 1992 Md. LEXIS 169, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crystal-v-west-callahan-inc-md-1992.