Consumer Protection Law
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I'm a little confused by the facts. Was the financing to be done through them and you were waiting to hear an answer?
Did the contract state in writing that it was contingent on financing approval?
no, It approved by an outside company.answer 2 is no
Was there a reason that they didn't start construction on the July 1 date?
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.
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.
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....
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.
You may want to consider going and having a local lawyer send them a letter advising why they contract is no longer valid.
And also what you will countersue for if they sue you.
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
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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