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A metal roofing company is threating to sue me and my husband

for breach of contract. On...
A metal roofing company is threating to sue me and my husband for breach of contract. On August 30t he representative came in and we agreed to have our metal roof installed for $29,000.oo, based on being able to get financing. We had 3 days to cancel. We did not cancel because we had no reason to at that time. We received two denial letters dated Sept. 9th and 12th from financing companies informing us that they would not finance our roof. After re-reading our contract we noticed they were going to start installing our new roof on Sept 20 and completion of roof around Sept. 23. Those days came and went and we never heard from the rep.
We found someone to do the same roof for $13,990.00. Would have to pay cash so we were saving money.
Last week the rep. contact us to sign more papers, we stated we would not sigh anymore papers and please don't run our credit again. He be came aggressive and said he was coming anyway and would have materials dropped off. We said no. Someone call my husband and said he was the asst. manager or someone said if we didn't sign the new papers they would sue us.
Today we received letters from their lawyer stating such.
Do we have anything in our favor in this case? What should we do?

Debra
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Answered in 9 minutes by:
10/23/2013
socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 39,370
Experience: Retired (mostly)
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Hello,

If your contract contained an express condition that you must be able to find financing for the project, and you were unable to do so, then you are entitled to cancel the contract, and it does not matter that you did not do so within the three-day cancellation period.

Note: the three-day cancel period is required by federal law for any home solicitation contract. However, this has no bearing on any other condition which would permit you to cancel. So, if the contract is conditioned upon your obtaining financing, and you were unable to do so, after making good faith efforts, then you cannot be held liable under the contract.

Please let me know if my answer is helpful, or if I can provide further clarification or assistance.

And, thanks for using justanswer.com!
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Customer reply replied 4 years ago


Thanks I feel a little better now. Should we get lawyer or just respond to their lawyer with the information I gave you (which is in writing)?

I doubt that you need a lawyer at this point. However, without reviewing the contract, it's impossible for me to be definitive. Also, I tend to be very careful in responding to anyone in writing, because there is always the possibility of providing one's adversary with something that can be used against you.

Consequently, if you decide to respond, you may want to limit that response to something like:

Dear Mr/Ms [name]:

I am in receipt of your letter, dated ??/??/????, in which you [describe demand made in letter]. It is my opinion that I am not legally obligated to complete this transaction, due to the failure of the financing condition contained therein. If you believe that I am obligated despite my good faith attempts which failed to obtain financing, please feel free to explain the legal basis for your claim, and I will be happy to reconsider my position.

Sincerely,

[yourname]

Hope this helps.
socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 39,370
Experience: Retired (mostly)
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