Consumer Protection Law

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I signed a roofing contract to repair my roof on 11/14 and…

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I signed a roofing...

I signed a roofing contract to repair my roof on 11/14 and the roofer started work immediately. Before signing, the roofer examined my roof and attic and quoted me a price for all the work. I thought it was high, but I need a new roof right away. On the 2nd day of work, the roofer came with his boss and they looked at the attic again, the roof, and my garage and said that I need more extensive work than they initially said, quote me a new price that is very high, and said that if I don't sign a new agreement for the extra work, they cannot offer me the 25-year warranty that they had initially offered. they would continue the work on the first agreement but with no warranty. I want to withdraw from the contract using the 3-day cancellation clause, but I don't know what will happen since they already tore off the old roof, and replaced some decking.

Lawyer's Assistant: Because consumer protection law varies from place to place, can you tell me what state this is in?

I am in California.

Lawyer's Assistant: Have you contacted the manufacturer?

I have not yet contacted the roofing company.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not yet. I don't know what else they need right now. I am most concerned about the fact that they started work already.

Submitted: 8 months ago.Category: Consumer Protection Law
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Answered in 2 days by:
11/19/2017
Consumer Protection Lawyer: Legal Eagle, Lawyer replied 8 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 13,333
Experience: Licensed to practice before state and federal court
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Hello! I am a CA licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Consumer Protection Lawyer: Legal Eagle, Lawyer replied 8 months ago

Thanks so much for your patience. Generally, the three day contract rescission rule applies in situations where door to door salesmen come to your home to sell you something. It doesn't generally apply to all contracts. This means that you'd have to find something else as a basis for getting out of the contract.

Getting out of a contract can be very difficult. With that said, there are some things that you would want to consider that the law recognizes as defenses to the enforcement of a contract. One of the defenses is capacity, meaning that a person who is mentally ill, under the age of 18, under the influence of drugs/alcohol can have the contract voided. Additionally, if a party enters into an agreement under duress, it can be voided. Also, if the contract is so one-sided that it would be considered unconscionable, that is another reason. Finally, there is the issue of mistake. A court can declare that there is a mistake made by both parties as to the assumption on which the contract was based. For example, if both parties made an assumption that a certain event would occur, but the event does not occur, then the contract is voidable. Unless the agreement falls into one of these categories, then the agreement is enforceable.

What other questions did you have for me?

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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