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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 11314
Experience:  Licensed Texas General Practice Attorney
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My question is about a home improvement contractor. He gave

Customer Question

My question is about a home improvement contractor. He gave me a written estimate on some work and has us sign it.
After looking at what we had signed later, it turned out we signed a work agreement, authorizing him to do the work.
Afterwards a friend was on Angies List an found out this guy has terrible reviews.
We are not sure we want him to do the work and would like to get more estimates from other contractors
Are we legally bound by this agreement?
Submitted: 1 year ago.
Category: Legal
Expert:  ScottyMacEsq replied 1 year ago.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

Did he make any representations to you regarding what the "estimate" was? Does it say "estimate" in big letters at the top? Or is it a clear "he will do, you will pay" type contract?

Customer:

It says "work agreement" on the top

ScottyMacEsq :

Thank you. Unfortunately it will probably be a binding contract. After acquired information (such as the fact that someone has a bad reputation, etc...) does not give one a valid defense to a breach of contract should you "cancel" it. Assuming that you have a written contract (which "work agreements" typically are) the only way that you could get around it is if you had a valid defense to that contract.

ScottyMacEsq :

Sometimes misrepresentation could be used as a defense...

ScottyMacEsq :

(that is, if he said "this is an estimate, not a contract, and I won't hold you to it, etc... that could be a misrepresentation if he did actually hold you to it)

ScottyMacEsq :

There could also be a "mutual mistake" defense, in that if he intended to give you an estimate and you thought it was an estimate, that could be a way to get out of the contract.

ScottyMacEsq :

But a "unilateral mistake" is not a valid defense to a contract. If he intended this to be binding, gave it to you, and you signed it thinking it was a non binding quote, the mistake would be unilateral, and unfortunately would not be the basis to contest the matter.

ScottyMacEsq :

Ultimately it depends on the nature of the facts and what led you into signing the document. If there was some fraud in that and the representations of the agreement, and he did not give you enough time to read the agreement, then that could be a valid defense.

Customer:

Thank you very much sir.

ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 11314
Experience: Licensed Texas General Practice Attorney
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