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legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 7400
Experience:  Just Answer consultant at Self employed
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I have a question about a contract between myself and a

Customer Question

I have a question about a contract between myself and a roofing company in Asheville NC
JA: Has anything been filed or reported?
Customer: No. I paid a deposit for a metal roof on 9/22/16 and was told that it would take about 10-14 days for materials to come in. I have made multiple calls and am told that the materials still have not arrived. This past week I told them that I had lost faith in them, they said that the materials were ther now and they would be starting the install on 11/22/16. Today the president of the company called me and told me that since I had lost faith in them, they were not going to do the install and they were going to take the materials to my house on Monday and drop them off. I told him that I was not agreeing to that and if they were not going to do the install I wanted my money back.
JA: We have a 30 day refund policy so you can simply email***@******.*** and they will try to fix your problem or refund your money.
Customer: How much to talk to me today and give me an answer about contract law
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: North Carolina
JA: Anything else you want the lawyer to know before I connect you?
Customer: No I don't think so Cost?
Submitted: 15 days ago.
Category: Legal
Expert:  legalgems replied 15 days ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  legalgems replied 15 days ago.

Thank you for your patience;
An agreement must contain four essential elements to be regarded as a contract. If any one of them is missing, the agreement will not be legally binding.
1. Offer
2. Acceptance
3. Intention (meeting of the minds)
4. Consideration (fair value exchanged)

For breach of a contract, there is a material breach (goes to the very heart of the matter) and an immaterial breach (money damages will help compensate the plaintiff).

In cases of material breach, the party not in breach may revoke their acceptance, so goods/payment are returned.

For immaterial breach, the plaintiff is compensated by the defendant paying for the damages (ie cost of repair).

If a party cancels a contract due to non performance by the obligated party, the obligated party cannot generally insist only on partial performance; they must either accept in full the rescission, or reject it, or the parties may agree to a partial renunciation. But one party cannot unilaterally insist upon a partial performance without agreement.

So generally the consumer can either accept the material and hire a new company for installation, and sue for any difference in price (ie the cost of installation based on the new quote versus the original contractual price) or reject the contract outright based on non-performance.
For amounts between $5,000-$10,000 (depending on county) small claims is appropriate:
http://www.nccourts.org/Courts/Trial/SClaims/

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Thank you and take care!

No attorney client relationship is created as this is general legal information, not advice; and a personal attorney should be hired if one wishes specific legal advice for their personal situation.

Expert:  legalgems replied 12 days ago.

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answer.
Thanks!

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