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Question DetailsAsked on 11/30/2016

signed contract & paid 1/2 to roofer-he keeps saying I am next for 2 months-what are my rights to cancel contract?

I have not had any contact directly from the roofer (owner) in 2 months since I signed the contract and gave him a personal check for the amount that the insurance company paid me. I have called him, and he said that there was 1 roof ahead of mine, but it's been over 2 months, and I have heard nothing! How can I cancel this contract? He doesn't appear to be on the "up and up". Also, he told me where his company was, and it's an apt. complex! Help!

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Here is a link to another similar recent question with answer which might help, detailing your options - plus of course suing, which would normally be a last resort unless you really thought you were being scammed. Have you checked for ratings/review on this guy ? Could just be a case of the squeeky wheel gets the grease - especially if this was due to areawide storm damage so there are a lot of jobs out there to be done. May be you just need to start harping on him.

If contract had a completion date (which it should have) and he is past it, you have the right to unilaterally terminate the contract and demand a full refund. If not past the date, or no specified date grayer matter - since you say you have had no contact start with approach 0) - call him and demand either immediate roofing completion (within say 3 working days) or full refund and contract termination.

Or as the link describes, if he refuses an immeditge completion or full refund, call his Bond for refund or completioin by another contractor.

Or jump to the certified letter route in the answer above and work from there, depending on whether you really think he is scamming you. If he has been in business in the area for years, likely not. If a "storm chaser" who came to you rather than you calling him, could be a scammer and half the way across the country by now. If you truly believe he scammed you, you do have the option of pursuing a fraud charge against him - but without you demanding a full refund first the police/DA are not going to give you much support.

On the apartment thing - most individual contractors (running as a sole proprietor, using Schedule C income tax filing on their IRS Form 1040) operate out of their home, using either their home address or a rental "mailbox" as their address. This is not necessarily bad - just means it is a small enough outfit it does not need a front office and a shop. And a small roofing outfit has really a VERY small investment and amount of tools and commonly only one or two employees - except for roofing materials (which a small operator buys job-by-job as needed, hence his request for 1/2 down) the entire business can commonly fit in a pickup or two.

Answered 3 years ago by LCD

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