In November, 1988, Joyce Crystal purchased a waterfront home in Caroline County, Maryland. Soon afterward, she decided that a second-floor skylight should be removed for safety reasons. Her real estate agent brought a contractor named Callahan, from the firm of West & Callahan, Inc., over to the house. While Callahan was evaluating the skylight project, Crystal also asked him about remodeling her screened-in porch. She wanted the porch extended by six to eight feet and enclosed with windows and doors. The parties did not sign an agreement, and Callahan did not provide a notice of the right to cancel the agreement.
Crystal understood that the project would cost $10,000, while Callahan contends that he quoted a figure of approximately $10,000 for time and did not include materials. The final construction bill was $23,769.78, of which Crystal paid $2,000. She refused to pay the balance, arguing poor workmanship and defects, including problems such as incorrect paint color. She had not complained during the construction project, however.
West & Callahan, Inc., sued Crystal for nonpayment, and she counterclaimed, alleging Callahan violated the door-to-door sales act by failing to give her the notice of cancellation required by the Maryland Door-to-Door Sales Act and that she had the right to cancel the agreement at any point until proper notice was given. Thus, she stated in her counterclaim that she was canceling the entire agreement. May Crystal cancel the door-to-door transaction nearly one and one-half years after the work has been completed?