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I sent a roofing contractor a deposit in October to have my

roof replaced and was told...
I sent a roofing contractor a deposit in October to have my roof replaced and was told that it would be about a month before my roof would be installed. I still don't have my roof installed and my house has sustained more water damage. I called them multiple times during the past 6 months and never received a call back until I notified them I was cancelling the contract and wanted my deposit back. I was informed that there would be a 20% restocking fee for the shingles they had ordered for my roof. This came as a surprise because I was never told that there would be any kind of restocking fee if I cancelled nor does it say anything about a restocking fee in the contract I signed. My question is do they have the right to keep 20% of my deposit?
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Answered in 1 minute by:
5/7/2013
Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Consumer Protection Law
Satisfied Customers: 16,742
Experience: Experienced Licensed Attorney
Verified
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

I am very sorry to hear about your unfortunate situation.

Was a date of promised completion of the roof replacement stated in your contract with this contractor?
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Customer reply replied 4 years ago


No not in writing only verbally.

Dear Dawn,

Thank you for your follow up.

Does the contract terms address cancellation of the contract?

Have you made written demands for the contractor to commence and complete the replacement of your roof?

Was any work related to your roof done by this contractor so far?
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Customer reply replied 4 years ago


No the contract does not addres cancellation of the contract.


 


I do not want this contractor to replace my roof because of the ongoing lack of communication. I feel that if the contractor were to replace my roof and there was a problem I would never get a response. I outlined this lack of faith in my written request for the refund of my deposit.


 


No work of any kind has been done by this contractor for me.

Dear Dawn,

Thank you for your follow up.

What is the amount that the contractor is stating that he is entitled to keep as a restocking fee?
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Customer reply replied 4 years ago


$660.00

Dear Dawn,

Thank you for your follow up.

Since the contract between you and this General Contractor does not contain any terms related to the cancellation of the contract and does not state the agreed upon start and completion date of the roof replacement, the General Contractor might try to argue that the GC did not breach the contract and thus does not have to agree to cancel it and if the GC agrees to cancel it, then you as the canceling party should be liable for any costs related to the cancellation, such as the restocking fees that the GC has to pay for any material that was ordered for the work described in your contract.

Of course, you can disagree with the GC and take the Contractor to court to recover the entire amount of your deposit and basically it would be your word against the GC word, since there contract is missing some essential terms that are in dispute and the judge will rule based on all the facts, evidence and testimony presented at trial and generally this type of a case would be a 50/50 chance of the judge ruling in your favor based on the good faith and failure of the GC to start work within reasonable time from the execution of the contract, but also GC might try to persuade the judge that he/she did not do anything wrong and did not breach the terms of contract and could ask the court to either enforce the entire agreement or to at least award any damages resulting from the cancellation of this agreement.

Basically, give the relatively low amount in dispute, it would be a very good idea for you to try to negotiate an amicable settlement of this dispute, without having to waste your time, energy and money on a lawsuit.

I am very sorry that you do have to deal with this unfortunate situation and I do with you the best of luck!
Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Consumer Protection Law
Satisfied Customers: 16,742
Experience: Experienced Licensed Attorney
Verified
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Alex J. Esq.
Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Consumer Protection Law
Satisfied Customers: 16,742
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