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Ellen
Ellen, Lawyer, Consultant
Category: Legal
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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Need to get out of Roofing Contract for House & but no work has been done.

Customer Question

My 76 year old mother-in-law signed a contract to have a new roof to be put on her house for $ 6702. This company came to her home and talked her into refinancing her home so that she could get new windows and a new roof.   Her mortgage payment is now higher and she does have the new windows. The windows was a different contract which has been paid in full. She paid the company $ 3000 as a deposit for the roof, but she has no more money left to pay the remaining balance to pay for the roof. No work has been done on the roof. She has told me that she is on socially security and there is really no way she can save her money to pay for remaining balance. She has called the owner and contractor of the roofing company and they are unwilling to give her back her deposit. They said they she is bound by the contract. They will not start work until she has the full amount, but she never will. What are her options? If she is bound to the contract, just tell me that.
Submitted: 8 years ago.
Category: Legal
Expert:  Ellen replied 8 years ago.
When did she sign the contract to put on the roof?
Customer: replied 8 years ago.

The contract was signed 9/4/08.

 

 

Expert:  Ellen replied 8 years ago.

Hello,


Thank you for your question. I am happy to assist you.


Unfortunately the period to rescind the contract has passed.



You can consider having local counsel review the mortgage very carefully to determine if it is in compliance with the federal truth in lending laws. If it is not in compliance, and some mortgages are not, the mortgage can be voided.


I hope that the information which I provided was helpful to you.


Best wishes for a Happy New Year. If you have additional questions, please do not hesitate to submit them to me directly.


Thank you,
Customer/span>



THIS IS FOR INFORMATION ONLY. NO ATTORNEY-CLIENT RELATIONSHIP EXISTS. PLEASE CONSULT A LAWYER IN YOUR STATE FOR LEGAL ADVICE

Ellen and 9 other Legal Specialists are ready to help you
Customer: replied 8 years ago.

The roofing contract is independent of the mortgage payment of the house. I don't understand your logic?

 

 

 

 

Expert:  Ellen replied 8 years ago.
Hello,

You stated "This company came to her home and talked her into refinancing her home so that she could get new windows and a new roof. " I am thinking that since the company assisted with or provided the financing, a potential avoidance of the entire loan would assist in negotiating the return of your mother-in-law's money.


Thank you,
Customer/span>


THIS IS FOR INFORMATION ONLY. NO ATTORNEY-CLIENT RELATIONSHIP EXISTS. PLEASE CONSULT A LAWYER IN YOUR STATE FOR LEGAL ADVICE