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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 117358
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I have Inherited my mothers home, she sold to me for $1 one

Customer Question

I have Inherited my mothers home, she sold to me for $1 one day before her death I have a roofing contract . 25 year Owens corning roofing shingles 19 years have passed roof leaks every where called the company they will not honor the contract say it is non-
transferable it does not say this it does however say Any holder of this consumer credit contract is subject to the claims and defenses which the debtor could assert against the seller of goods or services obtained pursuant hereto or with proceeds hereof . recovery hereunder by the debtor shall not exceed amounts paid by the debtor hereunder. please give me some feed back thank you Taunia Rick / john roofing members of National roofing contractors association
Submitted: 2 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If the contract does not say it was non-transferrable and in fact states that any holder of the contract is subject to claims and defenses the debtor could assert, then the person at the roofing company is mistaken. You need to start by telling them in a letter what the contract states and attach a copy of that contract and use a yellow highlighter to highlight the provision. Tell them in the letter that if they fail to honor the contract, you will proceed to file a complaint with the Attorney General's Consumer Protection unit and also with the Better Business Bureau.
If they refuse to honor the contract, then you need to make your complaints and generally the AG and BBB can usually resolve these claims. If they do not resolve the matter, your recourse is suing for breach of contract to seek your recovery.

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