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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Consumer Protection Law
Satisfied Customers: 18127
Experience:  B.A.; M.B.A.; J.D.
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I have a roofing contractor representative that have me signed

Customer Question

I have a roofing contractor representative that have me signed a paper that says what the down payment will be upon seeing the adjuster's estimate of the damage claim that I will get. Now when I got the check he notified me that he would like all the amount be paid to him even without starting the project. The representative is trying to extract the money from me. I doubted him on this as he was very eager to get the money right away. I checked their company address and it was a house. I sent an email through the BBB web site as they claim they are certified. However I did not get a response so I tried to call them on their displayed telephone number in the paper several times. No one answered but an auto answering service and so I left voice messages and gave my mobile, work and home phone no. but no one returned my calls. Their address in the paper I signed is a PO Box. Now I am getting worried and doubtful and I wanted to cancel the deal. In the paper I signed it says that when it is accepted by the company it is a binding contract. It also says that the contract price is the total amount of my claim. Do I have the right to cancel? And do I have to pay a cancellation fee? The paper I signed did not say that I have to pay cancellation fee. Please help! What can I do?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Phillips Esq. replied 1 year ago.
Hello: This is PhillipsEsq. I am a licensed Attorney and I will be assisting you today.
I have a roofing contractor representative that have me signed a paper that says what the down payment will be upon seeing the adjuster's estimate of the damage claim that I will get. Now when I got the check he notified me that he would like all the amount be paid to him even without starting the project. The representative is trying to extract the money from me. I doubted him on this as he was very eager to get the money right away. I checked their company address and it was a house. I sent an email through the BBB web site as they claim they are certified. However I did not get a response so I tried to call them on their displayed telephone number in the paper several times. No one answered but an auto answering service and so I left voice messages and gave my mobile, work and home phone no. but no one returned my calls. Their address in the paper I signed is a PO Box. Now I am getting worried and doubtful and I wanted to cancel the deal. In the paper I signed it says that when it is accepted by the company it is a binding contract. It also says that the contract price is the total amount of my claim. Do I have the right to cancel? And do I have to pay a cancellation fee? The paper I signed did not say that I have to pay cancellation fee. Please help! What can I do?
Optional Information:
Country relating to Question: United States
State (if USA): Texas
What have you tried so far?: I asked the representative that I will pay the full amount if the project is completed. I asked that I be furnished a written report with their company logo all the procedures, scope of work their company will cover, warranty clause, inspection to be done upon completion, their plans and date they will complete the project. The representative is still asking for the money. This time he is asking for 70% of the contract price. I am not giving it and I would like to cancel but have not told the representative yet. I tried the company's phone but don't get any reply. Only the representative is the one talking by mobile phone. I also text him that no material or construction will be brought to my property without my consent.

Response: This is a very big red flag. A contractor is NOT entitled to full payment or 70% of the contract price when the work has not even started. You should send an immediate notice of cancellation of this contract to the contractor because the contractor is illegally trying to extract payment from you for services not yet rendered. If the contractor gives you hard time regarding cancellation, file complaint with Better Business Bureau and Texas Attorney General's Office:
http://www.bbb.org
https://www.texasattorneygeneral.gov/cpd/file-a-consumer-complaint