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Law Pro
Law Pro, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 23451
Experience:  20 years experience in consumer advocacy, debt collection violations, contracts, construction
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I had a construction company come to my house and said I had

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I had a construction company come to my house and said I had damage to my home. The front of the page said that they would not do work unless a replacement price agreeable to the insurance company. The rep did not disclose a back page and it was not until the angies list review I read said "Look at the back page". The page has nothing on the front to disclose any additional information on the back.

I signed the preliminary agreement on 7-24-13 and did not meet with the insurance rep and construction rep till yesterday 7-31-2013. The backpage contract states that I have three days to cancel and now the rep is telling me it is from the 7-24-13 date even though we did not meet until 7-31-13. That is when I picked siding color and signed off on that then.

The insurance gave me a price and it included the paint that I did to the house 2 years ago. The construction company wants this even though we are doing vinyl siding and not painting the house. They now want a 15 percent cancelation fee even though the contract states I have three day to cancel.

My question is the front page of the contract states nothing about any backpage disclosures and if I finalized the contract yesterday. I should have three days to cancel from 7-31-13 not the 7-24-13 date, because we did not meet with any insurance adjuster till then.

Paul
Chicago
Submitted: 11 months ago.
Category: Consumer Protection Law
Expert:  Law Pro replied 11 months ago.

Welcome to JustAnswer! My goal is to do my very best to understand your situation and to provide a full and complete excellent answer for you.

My name is XXXXX XXXXX X'm going to assist you with your question.

Please bear with me if you believe my answer isn’t coming fast enough because I’m also working with other customers too. I apologize for any seemingly late response.


Sorry for your situation.

Did they leave a copy of that entire contract with you on 7-24-2013?

Customer: replied 11 months ago.

Yes they left a copy of the contract, but nowhere on the first page it states that there is any info on the back page.

Expert:  Law Pro replied 11 months ago.
There was no "back page" for you to review?

Did they leave with your a notice of your right to cancel in writing on that first date?
Customer: replied 11 months ago.

The notice of right to cancel is on the backpage and not disclosed on a separate sheet. The front page makes it sound like that if a agreeable price with the insurance.


 


My issue is that I had the house painted 2 years ago and they gave me 1600 for that. They want the money for the paint even though vinyl siding is going on the house.


 


I would say this is not agreeable for them to keep this money. They are not painting the house at all.

Expert:  Law Pro replied 11 months ago.
You should notice the contractor that you are filing a complaint with the Illinois Attorney General's office - they are scams and shams!!


In Illinois, three day rights to cancel are required to be given in specific types of transactions. In many cases, home repair or remodeling contracts are required to contain wording that gives you this important legal right and explains how you can exercise it. It is important to understand the specific circumstances in which Illinois law gives you this right.

You are required to be given a three day right to cancel a home repair contract if:

  • the sale of services or merchandise involves $25 or more, and
  • the contract is signed when the salesperson or contractor is physically present in your residence.

The law requires notice of your three day right to cancel to be given both orally and as part of the written contract. Do not sign any contract that does not fully describe the three day right to cancel, fails to state the date of sale, or contains blank spaces.

Under Illinois law, when you make an agreement for home repair that meets the criteria for a three day right to cancel, the seller must furnish you with a fully completed written receipt or contract that reflects the terms of the oral agreement and states the date of the transaction. The receipt or contract must also contain a "Notice of Cancellation" stating that you may cancel the transaction at any time within three days. Next to the space where you sign the contract—or on the front page of the receipt, if a contract isn't used—the following statement must appear, in bold face, 10-point type:

“YOU, THE CONSUMER, MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION.


SEE THE ATTACHED NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT.”


NOTICE OF CANCELLATION

(enter date of transaction)

____________________

(Date)


YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR OBLIGATION, WITHIN 3 BUSINESS DAYS FROM THE ABOVE DATE.

IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENTS MADE BY YOU, AND ANY NEGOTIABLE INSTRUMENT EXECUTED BY YOU UNDER THE CONTRACT OR TRANSACTION WILL BE RETURNED WITHIN 10 BUSINESS DAYS FOLLOWING RECEIPT BY THE SELLER OF YOUR CANCELLATION NOTICE, AND ANY SECURITY INTEREST ARISING OUT OF THE TRANSACTION WILL BE CANCELLED.

IF YOU CANCEL, YOU MUST MAKE AVAILABLE TO THE SELLER AT YOUR RESIDENCE IN SUBSTANTIALLY AS GOOD A CONDITION AS WHEN RECEIVED, ANY GOODS DELIVERED TO YOU UNDER THIS CONTRACT OR TRANSACTION, OR YOU MAY IF YOU WISH, COMPLY WITH THE INSTRUCTIONS OF THE SELLER REGARDING THE RETURN SHIPMENT OF THE GOODS AT THE SELLER’S EXPENSE AND RISK.

IF YOU MAKE THE GOODS AVAILABLE TO THE SELLER AND THE SELLER DOES NOT PICK THEM UP WITHIN 20 DAYS OF THE DATE OF YOUR NOTICE OF CANCELLATION, YOU MAY RETAIN OR DISPOSE OF THE GOODS WITHOUT ANY FURTHER OBLIGATION.

IF YOU FAIL TO MAKE THE GOODS AVAILABLE TO THE SELLER, OR IF YOU AGREE TO RETURN THE GOODS TO THE SELLER AND FAIL TO DO SO, THEN YOU REMAIN LIABLE FOR PERFORMANCE OF ALL OBLIGATIONS UNDER THE CONTRACT.

TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER WRITTEN NOTICE, OR SEND A TELEGRAM, TO (name of seller), AT (address of seller’s place of business) NOT LATER THAN MIDNIGHT OF (date).


I HEREBY CANCEL THIS TRANSACTION.


(Date)

_________________

_____________________________

(Buyer’s signature)

 

I would also immediately contact:

 

CONSUMER FRAUD HOTLINES

Chicago
800/386-5438
TTY: 800/964-3013

 

 

And they will assist you in filing a complaint with the Illinois AG's office.

 

That is an illegal contract - period!!

 

 

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If you have any questions, about this or anything else, please ask for me, Law Pro, directly in the question and I will try to assist you as best I can.

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Law Pro, Lawyer
Satisfied Customers: 23451
Experience: 20 years experience in consumer advocacy, debt collection violations, contracts, construction
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