Recent Feedback
I cancelled a contract for window installation after the 3 day grace with the understanind I would forefeit my deposit. There was no reference there would be addition charges. I contacted the office and was told they did not have a practice in place for cancellations after the grace period, but would call back. I did not receive a return call. Aftr 2 days I sent an email and mailed the letter. I received a letter and email from their attorney requesting additional monies for their administrative work. No one had did a final measurement which I understand would seal the deal. Am I obligated to pay the additional charges or should I go to civil court.
Optional Information: Country relating to Question: United States State (if USA): Maryland Already Tried: All info in question
Welcome and thank you for your question!I am sorry to learn of your experience. As I understand it, you signed a contract and placed a deposit and you no longer want the work to be performed, correct?
Yes, did you read my question it covers all details. By the way this is not a child custody question as indicated
Thank you for the follow-up. I wanted to make sure that we are on the same page.Given those facts, as you've described them, what would be the basis for you to sue? What would you sue them for?
I am not sueing them they want the additional charges or will take me to court.
Does the written contract say that you would be responsible for additional charges?
I just read on the back that if contractor lets me cancel late then I am responsible for late cancellation fee, (no I had nt read this before), however the contractor claimed there was no practice in place and would call me back. He did not.So to my thinking the contractor did not "let me" (real legal term)
Is there language in the written agreement which says that verbal promises are not binding. That the only thing that matters is what's in writing?
It states that if I cancelled during the 3 day window I would have to send written notification. At the time of my call I asked specifically what I needed to do and the answer was he would have to check as there was no practice in place for late cancellations.(Which I did not beleive). Nor did he reference the Late cancellation info on back of contract.
Thank you. I am asking about something different. Is there language in the written agreement which says that verbal promises are not binding. That the only thing that matters is what's in writing?
Nothing that I see
Thank you. Does the agreement say that it can only be changed in writing? Any changes can only be made in writing?
Under "Other Understandings" We both understand that this agreement and anyattachments make up the entire understandin between us and the work Contractor is doing. There are no other oral or written agreements or representations on which we are relying. We both agree thant ny changes to this to this Agreement, including those that change the cost, materials, work to be performed, or estimated completion date, must be in writin and signed by both of us.
Thank you for taking the time to locate that language. That is important language.What the contractor "told" you, is not legally binding. What is legally binding are the terms of the written agreement that you signed.If the contract requires the additional charges (the late cancellation fee), then you have to pay it. Otherwise, you risk being sued for Breach of Contract. Only what is in writing is what matters.It has been my pleasure to assist you today with your information needs. It is my goal that you are satisfied. No expert can promise you an answer that is favorable to your circumstances. But I will do my very best to explain the legal principles that are related to the facts you’ve described so that you can better understand the “why” of things. What are your options now?If you wish to continue this conversation, click on the Continue Conversation link. If you are satisfied that I have answered your question, then please rate the answer with a four or a five so that I receive credit for assisting you. Positive ratings are the only way I receive credit for assisting you today.IF you feel the need to click either "Helped a little" or "I expected more," then do not rate me (not yet, anyway!). Instead, reply to me using the REPLY or CONTINUE CONVERSATION button. Specify what additional information you need and I will be happy to continue further and do everything I can to provide you with the service you seek. Thanks, ~~ J.B.
Are you saying that even though they did not "let me" cancel as stated in the contract I am still obligated>
Yes, that is correct. They do not have to let you cancel. From what you've described, there's nothing in the contract that says you can force the cancellation of the contract after three days. They can let you cancel, if they want to; but they don't have to. That explains the follow-up communication you received from their attorney.I hope this helps to clarify things!It has been my pleasure to assist you today with your information needs. It is my goal that you are satisfied. No expert can promise you an answer that is favorable to your circumstances. But I will do my very best to explain the legal principles that are related to the facts you’ve described so that you can better understand the “why” of things. What are your options now?If you wish to continue this conversation, click on the Continue Conversation link. If you are satisfied that I have answered your question, then please rate the answer with a four or a five so that I receive credit for assisting you. Positive ratings are the only way I receive credit for assisting you today.IF you feel the need to click either "Helped a little" or "I expected more," then do not rate me (not yet, anyway!). Instead, reply to me using the REPLY or CONTINUE CONVERSATION button. Specify what additional information you need and I will be happy to continue further and do everything I can to provide you with the service you seek. Thanks, ~~ J.B.
Experience: Explains legal matters based on 14+ years experience.