Consumer Protection Law
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Hi, My name isXXXXX am a licensed, practicing Attorney and would like to help
Q. Where did you sign the contract for the pool ? Your house, or at contractor's office ?
At my house.
Good morning, Joseph, Thank you for your additional information, Please give me a moment to draft your Answer,
Thank you for your kind patience, Joseph,
Federal law provides that if a contract for a home improvement project over $25, is signed in your home, the contractor must inform the homeowner that he has three (3) business days to cancel the contract with the contractor. If the contractor does not give the homeowner the right to cancel the contract, the three days notice does not begin to run until the contractor gives such notice. The homeowner may cancel for any reason at all. He can simply change his mind and cancel.
Therefore, your contractor is very much mistaken if he thinks he can withhold any part of your down payment. He must give you a full refund of all monies paid to him. And, if he failed to notify you of your right to cancel, then your three day period within which you can cancel does not begin to run until he gives you such notice.
It is best to give your notice of cancellation and demand for a full refund in writing so that if it becomes necessary, you will have a record of your cancellation,
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Should I contact a local attorney to handle this matter for me?
When did you sign the contract ?
I guess the contractor did not inform you of your right to cancel ?
Nothing was said to me or my wife about a right to cancel. There was nothing on the proposal about a three day right to cancel or anything about the deposit being non-refundable.
Nothing was said to me or my wife about a right to cancel. There was nothing on the proposal about a three day right to cancel or anything about the deposit being non-refundable. The proposal was signed on 4/20/2013
You do not need to incur any legal fees. For your convenience, I have drafted the following letter in accordance with the facts you gave me, but please feel free to change anything which is not accurate:
Dear Mr. _________
You will recall that on April 20, 2013, you brought your contract to our house and we signed it, pursuant to which you would install a swimming pool on our property at a total cost of $ ___________ . At that time, you requested a deposit of $15,000 which we paid you by our check Number ______ .
When you left, I thought about the overall cost of this improvement and the relative appreciation in value to our home which it might have, and realized that it was not a good idea to pursue at this time. I telephoned you and said that we had changed our mind and asked that you refund our deposit of $15,000. You refused our efforts to cancel this contract and offered to return only $11,000. of it without explaining what the $4,000 reduction represented.
I have since consulted with an attorney to determine what my rights are under this contract and was informed that Federal law mandates that where a contractor brings a contract for an improvement to a homeowner's property and the contract is signed at his home, the contractor has a legal obligation to inform the homeowner that he has three business days to cancel the contract for whatever reason. If the contractor fails to give the homeowner this "3-Day Right of Rescission" Notice, the 3-day period of time within which the homeowner can cancel the contract does not begin to run until the contractor gives the homeowner such notice.
You are in violation of Federal Law by refusing to return our $15,000 in full.
I am hereby reiterating my desire to cancel and rescind this contract and hereby demand the return of my deposit of $15,000 in full without reduction. This matter can be amicably resolved but will require your active participation and cooperation to do so. Kindly return my deposit of $15,000 in full within 5 calendar days from the date of this letter. If I do not receive my deposit in full within that time frame, you will leave me know alternative, but to institute a lawsuit against you while simultaneously reporting you to the Office of the Attorney General of this State. I sincerely XXXXX XXXXX does not become necessary, however, I am prepared to take all necessary legal steps to protect my rights under both Federal and State Law.
Very truly yours,
Send the letter to the contractor today and he will be required to return your deposit in full by Monday, July 8, 2013. If he fails to do so, then take all the steps I mentioned in the letter to let him know you mean business,
I wish you the best,
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