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RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 28035
Experience:  10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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My roofer has failed in performing job and I have given $

Customer Question

My roofer has failed in performing job and I have given $ 9000.00 as down payment.
How can I recover my money? I have a duly signed contract.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 1 year ago.

Good evening. Can you shared with me how they have failed to perform? Did they not start the work yet? Was there a start date in the contract?

Customer: replied 1 year ago.
There is no start date. Only oral understanding only. If they do not perform by this month or next month what can I do?
Customer: replied 1 year ago.
I do not spend further. Please provide the correct legal opinion by e mail only.
Expert:  RealEstateAnswer replied 1 year ago.

Thank you. Allow me a moment.

Expert:  RealEstateAnswer replied 1 year ago.

If there was nothing in the contract for a start date, then it would be within a reasonable time. Clearly, the roof has issues an if you contracted with them to start the job, it was because the roof was not safe and needed to be replaced. "Reasonable" could be a few weeks but once nothing was in writing and they failed to start, a demand can and could be made for a date. It would then shift to the roofer to schedule and set a day to start and if they refuse after your demand, you would then have to sue to recover, since it is odd that they refuse to do the work and took the money, which likely indicates they used it for something else.