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Dwayne B.
Dwayne B., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 32319
Experience:  Practicing for over 20 years and handled many cases and trials for consumers.
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We went into a written contract on April 10, 2013 to build

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We went into a written contract on April 10, 2013 to build stairs and a backyard patio. Construction approx date was to be on July 1,2013 approx completion date to be on July 15, 2013 which was stated in the contract. It was also continguent on the fact that it would have to be financed because we did not have the $5,000.00 they said the cost would be. We reached out by E-Mail several times to find out the status but we never got any answers. It wasn't until they called at 1:50 pm on Sept. 3. We asked to cancel the contract they answered by giving us the muscle tactics by giving us 3 opeions - go with the contract, pay 25% cancelation fee , or they would proceed with legal actions against us - they gave us 5 days to decide. Are we obligated to go forward and if they ask us to sign a new contract,once again, are we obligated to do so??????

Dwayne B. :

Hello, and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today.

Dwayne B. :

I'm a little confused by the facts. Was the financing to be done through them and you were waiting to hear an answer?

Dwayne B. :

Did the contract state in writing that it was contingent on financing approval?

Customer:

no, It approved by an outside company.answer 2 is no

Dwayne B. :

Was there a reason that they didn't start construction on the July 1 date?

Customer:

They had told us that they wew busy and they would get to us soon. As far as the financing goes,we kept getting rejection letters from different credit companies. So I called them and they told me not to worry.

Dwayne B. :

A lot will depend on the exact language of the contract but generally if they were supposed to start in July 1 and failed to do so then they are in breach of the contract and cannot force you to go forward, sign a new contract, or charge you a fee since they breached the contract first.

Customer:

The contract says "aprox start date July 1, 2013 approx completion date July 15,2013 all starting and completin dates are approximate and subject to delays caused by circumstances abd conditions beyond contractors control....

Dwayne B. :

I think that is still vague enough to allow you to be able to get out of the contract unless they prove the delay was caused by something beyond their control, which is hard to prove.

Dwayne B. :

You may want to consider going and having a local lawyer send them a letter advising why they contract is no longer valid.

Dwayne B. :

And also what you will countersue for if they sue you.

Customer:

Do you have anyone in the Smyrna, De that we can consult with? Otherwise, we cannot afford a lawyer at this time and would be forced to go thru with the construction

Dwayne B. and 4 other Consumer Protection Law Specialists are ready to help you
No, I don't know anyone there and we can't give specific referrals anyway. However, most lawyer won't charge much, if anything, for a letter like this.
Thank you very much for the Positive Rating. Please come back and visit us if you have any new questions and feel free to ask for me by placing “FOR JD 1992” in the subject line or as the first words of your question and I will pick up as soon as I see it.
Customer: replied 3 years ago.


Thank you very much for your feedback/answer,I don't have the funds to go on.Because of my fixed income I can only reach out to legal aid in my town.Thank you again very much.

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