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Signed a contract with a solar panel company to install 18…

Signed a contract with a...
Signed a contract with a solar panel company to install 18 panels. It has a 3-day cancellation period, which has passed before we got the bad news that the panels couldn't be installed where as we wanted them, in areas that left room for a future enclosed skydeck.We were first told by the regional manager who understood our desire to have a skydeck as well as the area of the roof where it would be built. He said the solar panels could be built in the areas--7 on the shed, and 11 on the rear end of the main roof--that we pointed out. After the 3-day cancellation period had passed, someone came to take measurements, who told us that the 11 panels on the main roof could only be installed on the front portion of the main roof, AND the 7 panels to be built onto the shed roof, could. We also received engineering plans to this effect.More recently, however, just today, in fact, a new regional manager said all of the panels must be built onto the front portion of the main roof, which for us means we cannot build our enclosed skydeck. But more importantly, because this relocation news came after the 3-day cancellation period, shouldn't we legally--somehow--be able to still cancel? And if not, is there anything else we can do, and succeed, even if it is to just complaint to some government agency?
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Answered in 2 minutes by:
3/27/2018
Thelawman2
Thelawman2, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 2,512
Experience: Licensed Attorney
Verified

Hello, my name is ***** ***** I will be helping you today.

You should absolutely be able to cancel as long as you mentioned to the regional manager that you wanted to solar panels to be built in specific areas. This is known as frustration of purpose and occurs when an unforeseen event undermines a party's principal purpose for entering into a contract such that the performance of the contract is radically different from the performance that was originally contemplated. Have you already paid the company?

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Customer reply replied 4 months ago
No, but they have asked us to sign the plans, even though the plans can no longer be built due to what they claim the City has said about building solar panels on top of a shed roof. So, the verbal statement to us just came today--that all of the panels must be built on the front of the main/house roof. A new regional manager said, in light of what the previous regional manager told you, we are willing to offer you a $4,000.00 discount.We are talking about it now, which is why we decided to bring the issues to you, JA.So, we have paid nothing, yet.

Got it. So you could state that you reject the plans since they are not what you requested/agreed to and there is a frustration purpose with regards ***** ***** contract. The company could potentially sue you; however, it would be difficult for them to win given that they aren't coming through with what they originally agreed to.

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Customer reply replied 4 months ago
Can't seem to click on the "stars." I'll wait 'til my computer cools down and reboots.

Thank you. Please don't forget to provide a positive rating when you can!

Thelawman2
Thelawman2, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 2,512
Experience: Licensed Attorney
Verified
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