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Question DetailsAsked on 7/15/2014

How can I get out of a roofing contract when it has been signed but no materials selected or work done?

I am trying to get out of a roofing contract signed back in February. It was a generic "blank" form basically assigning the rights of the insurance check to the roofer. When the check came in, I immediately mailed the roofer and requested to cancel the contract as I did not feel comfortable using them any longer after researching them. NO materials have been ordered or even selected. There was no cancellation clause or penalty in the contract, no prices, no detail of materials, no nothing. The contract was signed at my home, and there was no 3 day cooling off period clause listed on the contract, which is required by FL law. I requested to cancel once the check was received, which was about 6 weeks after the contract was signed.

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2 Answers

1
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I would hire an attorney and let the attorney advise you as to what to do according to the other state civil statutes that are applicable to your situation. If the amount of the contract (ins claim amount)is $5000.00 or more, Do not attempt going about it yourself. Chances are, when they get an initial letter of demand from an atty @ law, they'll give you your money and walk away. And remember, as Benjamin Franklin always said he who represents himself has a fool for a client.

Source: 30 years as a roofing contractor

Answered 3 years ago by Roofman1

0
Votes

Why do people keep on signing these blank form fiascos !


Legally, since you have received no benefit from the situation, it is probably not a legal contrct - especially since price and so forth were not stipulated in the document. Talk to your insurance claims adjuster or agent ASAP about this - he should not have gotten the check before the work was done, so he may have filed a claim form saying the roof is fixed when it is not even started - that would be insurance fraud.


The fact the 3 day cooling of period was not stated, if required by law, may make the contract automaticallky voidable by you - an attorney could tell you that.


Unfortunately, an attorney is probably needed unless you contact him (preferably in person) and explain the lack of definitive contract terms, the lack of 3 day notice, etc and tell him unless you get the money right now, you are pursuing possible fraud charges with the insurance company and the government. You might get your money, he might call your bluff. Be sure if you do succeed, that you receive the contract back with his signature signed and dated and marked VOID so he does not try to come back on you claiming breach of contract.


One other kicker here which might push you into getting an attorney right now - insurance company might decide, that since your "emergency" repair from Febraury still has not been done, then it is not really necesaary so they might come after you for the money back. I have seen this on water and fire damage jobs where the insurance company did an "adjusted claim" - paid off based on an estimated cost rather than on actual cost, then the person did not get the work done, which is insurance fraud in many jurisdictions but legal in others. Generally home/auto/personalarticles loss policies require that if payments are made the repair/rebuild/replacement has to be done - you generally cannot just take the money and spend it on something else. Some people have gotten themselves into DEEP trouble this way - being paid for a total house loss in a fire for instance and using the money to buy a new home rather than rebuilding the destroyed one as required by the policy, then a few months later the insurance company adjuster drivesw by to check on the progress on the rebuild and finds it torn down and filled in instead or owned by someone else, so they charge insurance fraud.

Answered 3 years ago by LCD




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