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TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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In November of 2012, my parents decided to make an insurance

Customer Question

In November of 2012, my parents decided to make an insurance claim on their roof. At first they chose a roofer a friend recommended and the roofer came and took a look and we set up an appointment for an adjuster to come and take a look to see if they would approve it. Before being approved of the claim, they took down the info of the residence and had my father sign it not knowing it was a contract. While waiting for the chain to come through, I did some research on the company the roofer was with and saw that they had an 'F' rating with the BBB and decided this was not a person we could trust to do the roof. The roofer requested to see the claim that was approved, but since we decided we did not want to use them, we didn't provide the info. After having no contact with them for the past 7 months, we have decided to go with another roofer and are in discussion with the estimate. The previous roofer suddenly contacts my parents telling them they signed a contract claiming that if we don't use them we need to pay 25% of the amount the insurance claim.
I have read the fine print and it does state this.
After doing some research, I see that it is required for home repair contracts to have a 3 day cooling period, thinking period which this contract does not have. Can this be a valid contract. It also seems strange that after all this time to suddenly claim this. They are threAtening to sue. Do they have a solid case?
Submitted: 2 years ago.
Category: Legal
Expert:  TexLaw replied 2 years ago.

Thank you for your question.

Do you happen to have a copy of the so-called contract that you could scan and let me review?
Customer: replied 2 years ago.
Yes, I do.
Expert:  TexLaw replied 2 years ago.
Please either attach it to your answer herein (if that is an option) or send it toXXX@XXXXXX.XXX ; attn: zdnlaw re:

Once I receive it (it takes a while to get routed over to me), I'll take a look at it and get back to you ASAP.

One other thing, you are saying that you informed the contractors that you changed your mind. Did you do this within 3 days of signing the contract?
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience: Lead trial/International commercial attorney licensed 11 yrs
TexLaw and 4 other Legal Specialists are ready to help you
Customer: replied 2 years ago.
Sorry to say, no we did not nor did we know we were actually signing a contract. We assumed that they were just taking down information on the residence. We decided not to use the roofer but may not have clearly stated it. They requested a copy of the claim numerous times within a months period, but stopped calling until recently, 7 months later.
Expert:  TexLaw replied 2 years ago.
OK. I'll get back to you once I've reviewed the document.

Thanks for your patience.
Customer: replied 2 years ago.
May I ask if I am being charged for each additional answer you provide me?
Expert:  TexLaw replied 2 years ago.
You rated me already, which is the single charge. From here on out, you don't have to rate me again (unless you want to) and we can continue to speak to each other.

So no, you are only going to be charged once, unless you rate my answer again, and this will cause an additional charge. So be careful not to rate from here on out unless you want to pay me again.

I'll let you know when I get the document.

Thanks for your patience.

Customer: replied 2 years ago.
With the info that I provide not being private or confidential, I don't want to take any more risks and get into more trouble. I do not feel comfortable providing a copy of the contract since it has personal information written on it. Although, I would like more advise on this matter, I will stop my service here and research some more, try and work things out or maybe even seek professional help.
Thanks for your help.
Expert:  TexLaw replied 2 years ago.
OK, no problem, I certainly understand.

I leave you with this, the 3 day right of rescission is strict and it must be done within 3 days of signing.

The fact that your father did not know it was a contract is not likely going to be a good defense if the document states on it that it is a contract. If you sign the document, the law presumes that you read it and knew what you were signing.

Finally, the contractor cannot simply add terms into the contract. If the 25% charge is not in the contract, then he cannot charge you for it. However, that does not mean that there is not a binding contract. If you terminate the contract early, then he has the right to request that the contract be binding or that he be paid damages for your early termination.

If you are going to talk to a local attorney, you will want to speak with a "construction attorney", as they specialize in this area of the law.

Thanks and let me know if you need anything else.

Good Luck,

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