I have a question about a contract I signed to purchase new windows for my home. The salesman gave me the price covering the windows and their installation including all new window trim on the inside on Tuesday 6/26. I got a discount for paying cash and a senior citizen discount also. Gave him a check for 1/2 the cost with the balance to be paid upon completion. All this was spelled out on the contract. He said a 2nd person would be out to verify his window measurments and then the windows would be ordered. I called him that Friday to inquire why no one had been out to measure. He told me that the price he gave me was to low and that they wanted an extra $900 to do the job. I reminded him we had a signed contract and I expected them to do the job for the original price. He said that since they didn't deposit my check they could refuse to do the job. He also commented that like me, thay had 72 hours to back out of the deal. Reminded him it was Friday, not Thursday, the 72 hrs had come and gone. We talked this past Tuesday and I offered him $300. He said he would tell his boss and that he would come by today. He did and siad they refused my offer and he was going to give me back my check. Told him I didn't want it and again reminded him about the contract we had. He said he would take check back to the office but they would probably just mail it to me. On his way out I told him I would split the cost with him and give him $450 as my final offer reminding him that it was his mistake, not mine. Legally, with the signed contract, can they refuse to do the work that is spelled out on that contract? Thanks in advance for your help.
Country relating to Question: United States
State (if USA): Illinois
Welcome and thank you for your question!I am sorry to learn of your experience. Please clarify: did the salesman come out to your home to make the sale?Do you know if this contractor is licensed?What does your written contract say (if anything) about Dispute Resolution?
Yes, he came out and measured for the new windows. The contractor is licensed, and there is no mention of dispute resolution, or anything about them being able to refuse doing the work because of a salesmens mistake.
Thank you.From the facts you've described, yes, they have a contract to honor. If you wish, you can sue them for Breach of Contract.One challenge is that this type of dispute cannot be handled in Small Claims court. This is because you are not seeking a money judgment, rather, you want an order for them to do the job.So, that means you'd have to sue in regular civil court and, basically, you are seeking a form of injunctive relief. You want the court to order them to do something. That is more complicated and time consuming. You'd really have to hire a local attorney to assist you through those processes.A separate possible avenue would be for you to hire someone else to complete the job and then sue contractor #1 for the difference (what you ended up paying to contractor #2 vs. the original contract amount). That would then just make it a money dispute and is something you can do via small claims court (if the difference is less than $10,000). You can learn more about the small claims court process in Illinois here: http://www.ag.state.il.us/consumers/smlclaims.htmlIt 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.
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