How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Alex J. Esq. Your Own Question

Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Consumer Protection Law
Satisfied Customers: 13136
Experience:  Experienced Licensed Attorney
26296561
Type Your Consumer Protection Law Question Here...
Alex J. Esq. is online now
A new question is answered every 9 seconds

I sent a roofing contractor a deposit in October to have my

Resolved Question:

I sent a roofing contractor a deposit in October to have my roof replaced and was told that it would be about a month before my roof would be installed. I still don't have my roof installed and my house has sustained more water damage. I called them multiple times during the past 6 months and never received a call back until I notified them I was cancelling the contract and wanted my deposit back. I was informed that there would be a 20% restocking fee for the shingles they had ordered for my roof. This came as a surprise because I was never told that there would be any kind of restocking fee if I cancelled nor does it say anything about a restocking fee in the contract I signed. My question is do they have the right to keep 20% of my deposit?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Alex J. Esq. replied 1 year ago.
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

I am very sorry to hear about your unfortunate situation.

Was a date of promised completion of the roof replacement stated in your contract with this contractor?
Customer: replied 1 year ago.


No not in writing only verbally.

Expert:  Alex J. Esq. replied 1 year ago.
Dear Dawn,

Thank you for your follow up.

Does the contract terms address cancellation of the contract?

Have you made written demands for the contractor to commence and complete the replacement of your roof?

Was any work related to your roof done by this contractor so far?
Customer: replied 1 year ago.


No the contract does not addres cancellation of the contract.


 


I do not want this contractor to replace my roof because of the ongoing lack of communication. I feel that if the contractor were to replace my roof and there was a problem I would never get a response. I outlined this lack of faith in my written request for the refund of my deposit.


 


No work of any kind has been done by this contractor for me.

Expert:  Alex J. Esq. replied 1 year ago.
Dear Dawn,

Thank you for your follow up.

What is the amount that the contractor is stating that he is entitled to keep as a restocking fee?
Customer: replied 1 year ago.


$660.00

Expert:  Alex J. Esq. replied 1 year ago.
Dear Dawn,

Thank you for your follow up.

Since the contract between you and this General Contractor does not contain any terms related to the cancellation of the contract and does not state the agreed upon start and completion date of the roof replacement, the General Contractor might try to argue that the GC did not breach the contract and thus does not have to agree to cancel it and if the GC agrees to cancel it, then you as the canceling party should be liable for any costs related to the cancellation, such as the restocking fees that the GC has to pay for any material that was ordered for the work described in your contract.

Of course, you can disagree with the GC and take the Contractor to court to recover the entire amount of your deposit and basically it would be your word against the GC word, since there contract is missing some essential terms that are in dispute and the judge will rule based on all the facts, evidence and testimony presented at trial and generally this type of a case would be a 50/50 chance of the judge ruling in your favor based on the good faith and failure of the GC to start work within reasonable time from the execution of the contract, but also GC might try to persuade the judge that he/she did not do anything wrong and did not breach the terms of contract and could ask the court to either enforce the entire agreement or to at least award any damages resulting from the cancellation of this agreement.

Basically, give the relatively low amount in dispute, it would be a very good idea for you to try to negotiate an amicable settlement of this dispute, without having to waste your time, energy and money on a lawsuit.

I am very sorry that you do have to deal with this unfortunate situation and I do with you the best of luck!
Alex J. Esq., Attorney at Law
Satisfied Customers: 13136
Experience: Experienced Licensed Attorney
Alex J. Esq. and other Consumer Protection Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Infolawyer

    Lawyer

    Satisfied Customers:

    5518
    Licensed attorney helping individuals and businesses.
< Last | Next >
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Lawyer

    Satisfied Customers:

    5518
    Licensed attorney helping individuals and businesses.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2620
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Lawyer

    Satisfied Customers:

    1711
    20 years experience in consumer advocacy, debt collection violations, contracts, construction
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    1415
    16 years legal experience including consumer protection law.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    1160
    25 years of private practice
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    1065
    B.A.; M.B.A.; J.D.
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Lawyer

    Satisfied Customers:

    1023
    Attorney with 14 years experience in various consumer protection areas
 
 
 

Related Consumer Protection Law Questions