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Question DetailsAsked on 8/27/2016

How do I get out of a contract to side my house, after rescind, contingent on a reverse mortgage, but didn't get?

Because of a change in circumstances, I decided not to get a reverse mortgage. Unfortunately, the contingency was not put in writing. No money has been paid and no work has been done. How can I get out of this situation? My husband and I are on fixed incomes, although at age 78, he still works part-time. The company is Nu Look Home Design, which, I know, is a highly reputable company. I would like to get the house sided eventually, assuming I can afford it.

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You say "after rescind" - if you rescinded per law within the most likely 3 day federal or state home improvement/construction contract period, then there is no longer a valid contract - so no hassle or problem, assuming you kept the documentation on the rescinsion letter and proof of delivery.


Otherwise:


Since you "decided" to not get a reverse mortgage, would not matter if getting one was a contingency in the siding contract or not - since you voluntarily did not get it, as opposed to say being rejected.


So - without a contingency in the contract (and generally speaking, you cannot modify a written contract with an oral contingency), and assuming you are past any 3-day contract rejection period, you have three choices as I see it:


1) ask to talk to the manager of the company, and explain (hopefully the change in circumstances is convincing and beyond your control) that you cannot now afford the work, but hope to do it in the future and would expect to recontact tham at that time. Most reputable contractors will let a person out of a contract before work has started, because they do not want clients who are unhappy going into the job. Typically around a 10% fee for cancellation, sometimes capped at around $500 for a job like this but sometimes not - check the contract for cancellation terms. Because this company apparently uses paid commission agents the cancellation fee mayu be a lot higher.


2) contact a lawyer (more $ out of pocket) to see if he can get you an out based on a flaw in the contract or such


3) go ahead with the contract - though sounds like you do not have the money for that


Definitely get on this Monday AM because you don't want him buying materials for the job or scheduling the work or such - you want to make easy for him to let you back out.


BTW - with 99 reviews on Angies List they have an A rating - but checking other rating and complaints sites (google this search phrase - Nu Look Home Design complaints) the record does not look as good - a bunch of complaints about hard sell, bait and switch deals, overpricing, etc.

Answered 2 years ago by LCD




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