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Question DetailsAsked on 5/17/2018

can i cancel a roofing contract after 3day as i did not receive notice of cancellation form along with the contract

State TX, City Plano
I signed a contract unknowingly, got scammed by the roofer who said he needs my signature for representing me on my behalf to the insurance company for claims and other paper work. Turns out that those forms were actually binding contract that he carefully put in a folder and gave me. He never discussed any cancellation and told me i can back out any time.
In any case after the claim came and i tried to negotiate with him the roof and other stuff that I wanted to get done. but he starting quoting me over inflated prices right out of insurance claim. i said I want to hire somebody else. then he threw a surprise regarding the contract I signed. when i looked into it I found that he had not give me the notice of cancellation form which seems mandatory according to Texas AG door-to-door sales policy.
can i cancel the contract
But he says he gave me everything including the cancellation form. I hadn't opened the folder he gave me till that time. so i know he didn't give

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Of course only a Texas attorney could give you the full legal rundown on your alternatives - but generally, if the contractor does not give you the required federal and state disclosure notice and form regarding the cancellation period (for door to door sales under federal law, and for home improvement sales in general in some states), then the contract is voidable at your option as long as work has not begun and as long as you do not ratify it in any form.


Depending on what the contract says, if there was no firm defineable scope of work and/or no agreement on price (which might be firm $, or could be defined as what the insurance company adjustment price would be for the repairs) then there was likely no valid contract in the first place. There are certain mandatory elements of a contract without which (basically who the parties are, where the work will be done, when it willl be done, what scope of work, what compensation, signed and dated by both parties at least) there is not a valid contract.


I seriously suspect if you demand, in writing (return receipt, certified mail, signature required) that he agree to void the contract at no cost to you because of his concealing the fact that it was a contract (so there was no "meeting of the minds" on there being a contract) that the alternative is your filing a fraud complaint with the state AG's office and with the state contractor's board, he will back down and agree to do that. Of course, if that letter comes from your attorney it carries more weight and can many times be well worth the couple or few hundred $ in attorney's fees to gain that in convincing him you are serious.


Another possibility is to tell to the insurance company about the situation and that he misrepresented the paperwork - honest insurance companies will send him a notice of denial of his request to represent you and to do the job - and of course if they will not work with or pay him, he cannot do the job. He may well be on their fraud watch list already.


One weak point in your case is that you did not read the paperwork in detail, and did not look at it within the 3 days, so he could argue (though lacking the forms it is a presumptively defective contract) it makes no difference because you would not have been able to cancel within 3 days anyway. You would have the "you can cancel anytime" verbal statement, but hard to make a verbal statement modify a written contract - and that comes down to a "he-said, they-said" situation similar to him saying the 3 day cancellation notice and form was in the package while you say it was not.


One other thing - you are talking modifying the scope of work from an apparent roof damage claim - if you do happen to be trapped into this contractor, nothing says you have to use him for the other work (unless you are talking modifying the roof configuration or such) - you could cut it down to just the insured roof repair, and make any other work part of the scope for a separate contract with another contractor.


Basically speaking, if one assumes the "contract" were legal and authorized him to negotiate with the insurance company on price, provided it was not open-ended on your liabilitky (i.e. that he said he would accept what they settle on plus receiving the deductible payment from you), then you would not really have any right to try to renegotiate with him on the scope or compensation - you could suggest an amendment to add additional work, but he does not have to accept it and you would not have to agree to modify the scope if you did not like his price - cutting the scope back to the insured repair scope only.


There are quite a few prior similar "storm chaser" contract issue questions with answers can be found in the Home > Roofing link, under Browse Projects at lower left.

Answered 6 months ago by LCD




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