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My mom owns a home that needed plumbing repairs. My sister…

My mom owns a home...
My mom owns a home that needed plumbing repairs. My sister makes the calls and arrangements and my mom signs the checks for payment. My sister does not have "Power of Attorney", but signed all of the contracts. The contractor never asked if she was signing on my mom's behalf. My sister is living with my mom, as my mom is less able to care for things on her own.
The contractor has never provided copies of any paperwork i.e. Estimates, contracts, permits or permit results.
My sister signed a contract on Friday. We all thought the quote was a bit high. He told her she had 3 days to cancel. I got another estimate on Saturday and had the new plumber complete the work. When I got to my mom's, I looked for the contract so I could prepare to get a certified letter out to cancel it. I called my sister and that is when I learned there was not one. He told my sister he does not do duplicates.
I called the plumber and advised we were cancelling the contract. He said it was too late. I said it was only signed yesterday. He said my sister waived her right to cancel. Of course I cannot verify anything as no copy was left. He is bringing it to the house tomorrow and said we can talk about buying out the contract.
If my sister actually waived her right, unknowingly, do we have any recourse?
There is more to this story, but I am hoping this is enough to start.
Thanks!
Sally ***@******.*** (###) ###-####
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Answered in 2 minutes by:
10/2/2016
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 40,111
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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Has the plumber actually done anything yet?

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thanks

Barrister

Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 40,111
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified
Barrister and 87 other Real Estate Law Specialists are ready to help you
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Customer reply replied 1 year ago
He was told not to start until Monday. He said he wanted to check a valve and now we have a two foot by six inch hole in the wall. He said well then I started the work and I already bought the parts
Maverick
Maverick, Lawyer
Category: Real Estate Law
Satisfied Customers: 6,426
Experience: 20 years professional experience
Verified
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I am sorry but I do not participate in the phone call program for the site and limit my interaction with customers only to the website. I like to have time to think about a customer’s question and research it so I can provide the best answer possible.

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However, if you wish to have a phone call with an attorney, you can post a request for "additional services" and your request will post to other experts that do offer this service. When another attorney accepts your request you will get additional instructions.

.

But if the plumber hasn't done much of anything, then sister would only owe him for what work he can prove he has done. Cutting a hole in a wall doesn't cost much so he is just trying to squeeze sister for money. And it is sister, not mother, who is liable if she is the one who signed any contract unless she has a POA for mother and signed as the agent for mother.

.'

So if the plumber tried to sue, he can only recover his actual damages, which would be close to nothing as any parts he bought are returnable and he has virtually zero labor time in..

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Tell sister to not let the plumber try to scare her into paying him for doing nothing..

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.

thanks

Barrister

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See the unilateral mistake law here.

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Barrister
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Experience: 17 years real estate, Realtor. Landlord 26 years

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