Cancelling contract
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Cancelling contract - 6/6/2004 5:57:27 AM
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mattproud
Posts: 10
Joined: 6/6/2004
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I signed a contract with a contractor for my hail damage. I end up getting money for roof and only one side of my siding from my insurance company. I feel contractor lied a lot to me in the process and resulted in lot of headaches.
Can I cancel the contract with him? What can he do if I cancel the contract. I feel, I signed up the contract in a hurry without checking references. Now the contractor wants to fix roof and all siding and want me to pay the remaining cost.
Any help will be highly appreciated.
Thanks
Matt
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RE: Cancelling contract - 6/6/2004 7:36:36 AM
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wscook
Posts: 85
Joined: 4/19/2004
Home base: Orlando, Fl
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Where do you live?
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RE: Cancelling contract - 6/6/2004 11:59:11 AM
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khromas
Posts: 606
Joined: 4/19/2004
Home base: Houston, Texas
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Matt,
An ombudsman would only benefit you in a grievance you have with a governmental agency. Doesn't apply here.
Multiple factors are involved for you to 'get out of' the contract you signed with the contractor. It may be 'voidable' IF the contractor did not perform promised tasks on his part. Did they handle the negotiations and dealings with the insurance company? Did you receive any 'benefit" frm their involvement? If so, you may be stuck with at least paying them for the VALUE of their involvement. Because you are dealing with REAL PROPERTY, most states have substantial protections under the law just as a matter of public policy. I would suiggest that you go back to the contractor and tell them that NO work should start until you have satisfactory responses to your concerns. The BBB and an attorney may have to get involved. If you live in a major media market, contact the consumer investigators at one of the local TV stations. The resulting negative publicity for the contractor may convince him to hit the road without further problems for you.
This is a good example of why an insured should be educated and informed enough to handle their own claim without the introductionof a third party into the equation who only has an interest in the financial side.
Good luck!
_____________________________
Kevin Hromas
_______________________________________
Definition of a LIBERAL: a person who is so open-minded that their brains have fallen out!
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RE: Cancelling contract - 6/6/2004 4:31:03 PM
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katadj
Posts: 684
Joined: 4/19/2004
Home base: New Hope, PA
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If, in fact, you signed a document without a dollar amount stated theron, it may not be a legal contract.
If, the contractor has placed an amount on the document without your agreement, then this could also affect the outcome.
Did you receive a copy of the document signed? Was there an amount of dollars stated thereon?
It must be well beyond the FEDERAL right of recision of 3 working days now, so that recourse is not open.
Any contractor realizes that when a job starts out bad , it only goes downhill. Send them a certified letter, return receipt requested, advising them of your intentions to not allow them to do the work, and see what happens. The reverse side of the "contract" usually contains language that may bind you to a % of the amount of the contract as liquidated damages or overhead and profit.
However , if there was no amount stated , at the time of signature, you may also be relieved of that obligation.
Call the BBB and your Lawyer to get the correct read on your situation and the laws as applied in your state.
_____________________________
"Excellence often first appears as error. It is only in retrospect that wisdom emerges from ignorance and success from failure." Abraham Lincoln
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RE: Cancelling contract - 6/6/2004 5:54:53 PM
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mattproud
Posts: 10
Joined: 6/6/2004
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Thanks for all the advice.. It is really nice to hear some opinions on my matter.
To give some more facts, I got about 9500$ from the insurance company for the todal job. Right now company has only paid ACV (which is about 7200). I will be getting the rest of the money if I complete repairs. Contractor has put 26000$ as estimated cost for the job.
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RE: Cancelling contract - 6/6/2004 5:57:05 PM
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mattproud
Posts: 10
Joined: 6/6/2004
Status: offline
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Some more details.
Also does the estimated start or end date matter in this case? In my case, estimated start date on the contract is Sep 2003 and Estimated end date is Nov 2003.
No work has started till this date.
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RE: Cancelling contract - 6/6/2004 9:30:04 PM
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Bruce
Posts: 4
Joined: 4/19/2004
Home base: Lancaster, Texas
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First thing did the contractor give you a 3 day right of recission? 2nd the Illinois Department of commerce requires that the contractor give you a brochure on your rights on all contractor job.
If your contractor didn't do those 2 things you could have an out.
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RE: Cancelling contract - 6/6/2004 11:07:30 PM
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Czar
Posts: 65
Joined: 4/19/2004
Home base: Columbus, Ohio
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During meetings with contractor's I have asked when they have a signed contract and the homeowner backs out, what do they usually do. About 9 out of 10 stated that they follow some legal action against the homeowner for the above mentioned % for the homeowner backing out. There is usually some verbage on the contract that it is only for the work that the insurance company paid for.
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RE: Cancelling contract - 6/7/2004 8:34:35 AM
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DEMIGOD
Posts: 43
Joined: 4/19/2004
Status: offline
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Bruce,
Very good question you raised I was going to ask the exact same thing.
Matt,
If you were not given a SEPERATE piece of paper informing you of your RIGHT to CANCEL within three days of signing the contract your contractor has broken Federal Law and possibley State Law. No matter what or how his contract is worded he has not conducted business properly and you have an out. Notification of your right to cancell is NOT valid if it's stated on the contract alone, it MUST be on a seperate piece of paper, which me must leave with you at the time you signed his contract. Also if there is no price on the contract it's not a valid contract, even if it states that the cost of repairs is for insurance proceeds. These two points are all you need to get rid of him.
If you signed his contract that had a price in it at his place of business you would no longer have a right to cancel but I suspect that you signed it at your home so if he didn't inform you of your rights you should be good to go.
The FTC has info for you on your right to cancel go here http://www.ftc.gov/bcp/conline/pubs/buying/cooling.htm
My advice to you would be to send this contractor a certified letter with a return reciept and let him know of your intention to cancel the agreement with him. In a polictical manner let him know that he should have given you a cancelation notice when you signed and by not doing so your and his agreement was never valid in the first place. This probably all that is needed. If you point out where he's failed to conduct business correctly he's not going to say much and just go away.
Hope this helps. good luck!
DG
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RE: Cancelling contract - 6/7/2004 2:28:45 PM
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DEMIGOD
Posts: 43
Joined: 4/19/2004
Status: offline
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Matt,
As I stated the text on the back of the contract stating your right to cancell is not VALID. You must be given a seperate piece of paper notifying of your rights to cancel. Just call up this contractor and cancel. He's most likely going to say ok no problems.
Next time read both sides carefully and ask alot of questions before signing a contract.
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