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Damien Bosco
Damien Bosco, Attorney
Category: Real Estate Law
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While I was out of town on a consulting job, my wife had two

Customer Question

While I was out of town on a consulting job, my wife had two people come to the house. They inspected our home for hail damage. They then had my wife sign a paper that would allow them to represent us to our insurance company for the claim. Our insurance company sent out their own inspector and he also determined that we had hail damage. It was concluded that we would need a new roof. My insurance company has sent me a check for the damage. The two people who originally came out are no longer with the roofing company they were representing. That roofing company has made it clear, to them that they are not going to pay them commission for our job. These two people have now been texting and calling us, telling us they are going to file a lien on our house if the roofing company does not pay them their commission. How do we proceed. I have no control over the roofing company paying them a commission. What I need answers to are the following:
1. Is this a legal contract that my wife signed.
2. Do I have to let that roofing company do the work.
3. Can these two people file a legal lien on my house if they don’t get their commission.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Damien Bosco replied 1 year ago.

Hello and Welcome! My name is***** am a licensed attorney. I have assisted hundreds of others with their legal questions. I am happy to help you!

Expert:  Damien Bosco replied 1 year ago.

I will review your question.

Expert:  Damien Bosco replied 1 year ago.

Can you give a little detail on what the contract states?

Expert:  Damien Bosco replied 1 year ago.

The systems says your payment for a live phone call is failing.

Customer: replied 1 year ago.
What is going on?
Customer: replied 1 year ago.
I updated my credit card. what am I being charged
Expert:  Damien Bosco replied 1 year ago.

I am not sure. it is a technical issue.

Expert:  Damien Bosco replied 1 year ago.

You have to contact JA. I am an expert answering questions for JA but not in the tech department.

Expert:  Damien Bosco replied 1 year ago.

I notified them also.

Customer: replied 1 year ago.
I dont need the phone call, but can you answer through this chat?
Expert:  Damien Bosco replied 1 year ago.

I believe so. It sounds like your wife signed an agreement to help negotiate the terms with the insurance company. Is that correct?

Expert:  Damien Bosco replied 1 year ago.

Also, was it with the individual people who signed the contract, or the roofing company itself?

Customer: replied 1 year ago.
The form was called a Personal Expense Protection Program and a Contractor Authorization to Perform Services agreement. It doesnt appear to be a contract to me.
Expert:  Damien Bosco replied 1 year ago.

Was the contract between your wife and the roofing company; or between your wife and the two people?

Customer: replied 1 year ago.
It does not appear to be a contract only an authorization between my wife and Classic Roofing. The salesman was listed as the person that wrote the agreement. He also measured and inspected the roof.
Expert:  Damien Bosco replied 1 year ago.

Hello. Does the "authorization" say how the salesman gets paid?

Expert:  Damien Bosco replied 1 year ago.

What I am trying to get at is whether your wife signed some sort of broker's agreement wherein she agreed to pay the salesman a commission to negotiate a price with the insurance company.

Customer: replied 1 year ago.
It does not say anything about a fee for the inspector/salesman. It just states that Classic roofing will do the work at the final price approved by my insurance company.
Expert:  Damien Bosco replied 1 year ago.

Thank you for the additional information. There seems to be no legal basis for them to claim that your wife owes them money. Apparently there was a commission arrangement with the roofing company to pay them for their services of obtaining you as client. There appears to be no agency relationship with you or your wife. They had no fiduciary duty to represent you and your interests. Nor did you or your wife agree to pay them anything even if their duty was to the roofing company and not to her. These are the arguments that an attorney would make in court if an attorney were representing you.

Expert:  Damien Bosco replied 1 year ago.

Hello: Do you have further questions? If so, please let me know. If not, please provide a positive rating so I get credit for helping you. Thank you.

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