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Question DetailsAsked on 2/15/2012

Is a "proposal" considered a legal contract? I signed one with a flooring company and have changed my mind about letting them install it.

I signed a "proposal" a year ago to buy 2400 sf of flooring and have them install 1400sf of it in a renovation I was doing. I gave them $8000 of the 12000 total and asked them to hold the material for a few months as my builder had just gotten a dwi and I'd need to find omeone else. They said "no problem" of course. Meanwhile, I've become convinced that their proposed method of installation would cause problems in a year or two. When I asked them to work with me ie either take up the old floor first or let me pay for the material but no installation, he said he would pull the paperwork and look for a solution, and call me back, but that was weeks ago and he won't return my calls. Must I let them install it their way? What should I do next? I told him I would buy all the material even though I don't really want or need it and that I would be willing to pay a cancellation fee or restocking fee if that would work better for them. Meanwhile they have had my money for almost a year.Thank-y

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2 Answers

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Technicaly you entered a legally binding contract. However, if their installation method does not match what the flooring manufacturer recommends you may have a leg to stand on for asking for a different method of installation. Being a year has passed they likely won't want to give you any money back. They've already had to claim that as income and pay taxes on it. Also, they've had to store the flooring all of this time. Really, you're lucky if they still have it and will still install it for the money paid. You're going to have to go to their store/office/etc. and speak with whomever's in charge. Find out what their current sale price is for the flooring and offer to pay that if it is more than what you've paid already to get the flooring material in your possession. Be ready to haul it off right then. If the value of the flooring is less than what you've paid you may just have to settle for getting the flooring. Otherwise, you may have a costly court battle on your hands to get some of the difference. The company will then claim storage fees or try to argue a year constitutes abandonment of the materials. Have you bee in constant contact with them over the last year? Open communication is going to be the key but you'll have to probably meet face to face.

Todd Shell
Todd's Home Services
www.thomeservices.com

Answered 7 years ago by Todd's Home Services

0
Votes

Todd gives very sound advice, my question is, how big of a company is the flooring company? A bigger question is, WHY do you think that their method is going to create future problems for you? You are a homeowner and THEY are the flooring sales people and installers. The way to handle it is Todd's answer- face to face. I agree that they did not have your money, your material was taking up their space. They could have been charging you rent. Thankfully they did not, which tells me they are somewhat reputable.

Answered 7 years ago by GlennJr




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