Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I signed a contract to get my roof replaced. The contractor…

Customer Question
I signed a contract...

I signed a contract to get my roof replaced. The contractor has not done any work or purchased any material and my hoa has still not approved the change. The contractor has threatened to sue me for breach of contract. I do not want to work with a contractor who is going to threaten to sue me. What can I do?

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

No

Lawyer's Assistant: Where is the property located?

Virginia

Submitted: 3 months ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 9 minutes by:
3/21/2018
Real Estate Lawyer: Bill Attorney, Lawyer replied 3 months ago
Bill Attorney
Category: Real Estate Law
Satisfied Customers: 2,463
Experience: Attorney
Verified

Dear Customer ,

Thank You for posting your contractual law question this evening. I'm attorney Bill assisting you.

If time was of the essence then the contractor may have already breached the contract for failure to start work.

This will depend on your written or verbal agreement as to the start time to commence the roof project.

Similarly, if the contract was signed subject to HOA approval the contract would rescinded for failure of a condition precedent.

I would need to examine the language of your contract to offer more information in this regard and you would need to recall the verbal agreement as to HOA approval and start time.

Because there is not yet a civil action you can at this stage negotiate termination or you could seek declaratory relief from the civil court declaring your contract to be void or rescinded.

Alternatively, you employ a new contractor and sue the original contractor for the cost to you in his failure to perform and start as agreed.

We are here to help so please follow up with me as required.

In return your positive rating gives me a credit for my time.

You do this by rating 5*****, 4**** or better.

FIVE STARS or your rating is always much appreciated.

Thanks

Attorney Bill

Ask Your Own Real Estate Law Question
Customer reply replied 3 months ago
I have not paid him anything yet. The contract doesn’t say “ time is of the essence” only that work will start within 2 weeks of deposit. I was waiting make the initial payment for hoa to approve the shingle color. I now want to just cancel the contract and find a new contractor, but don’t want this contractor to sue me. They didn’t do any work yet, but refuses to void the contract and threatens to sue me if I don’t have them do the roof. Can I do anything?
Real Estate Lawyer: Bill Attorney, Lawyer replied 3 months ago

You can cancel the contract if they breached the contract, there was fraud, misrepresentation or mutual mistake.

If it is still within the two weeks then the contractor wouldn't have breached the start terms.

You would need to renegotiate with the contractor if they haven't breached the agreement or one of the above isn't applicable.

A contract is a binding legal agreement that can only be terminated by mutual agreement or as I indicated.

We are here to help so please follow up with me as required.

In return your positive rating gives me a credit for my time.

You do this by rating 5*****, 4**** or better.

FIVE STARS or your rating is always much appreciated.

Thanks

Attorney Bill

Ask Your Own Real Estate Law Question
Customer reply replied 3 months ago
Do I have to make the initial payment?
Real Estate Lawyer: Bill Attorney, Lawyer replied 3 months ago

Please send in a copy of the contract for review.

The contract is enforceable by you or the contractor until the court declares otherwise so if no party is in breach of the agreement and an initial payment is stipulated, your failure to make this payment will put you in breach of contract .

If you want to back out without justification you need to negotiate this with the contractor under a termination or new agreement/ modification.

We are here to help so please follow up with me as required.

In return your positive rating gives me a credit for my time.

You do this by rating 5*****, 4**** or better.

FIVE STARS or your rating is always much appreciated.

Thanks

Attorney Bill

Ask Your Own Real Estate Law Question
Customer reply replied 3 months ago
Here it is
Customer reply replied 3 months ago
2
Customer reply replied 3 months ago
3
Customer reply replied 3 months ago
4
Customer reply replied 3 months ago
I have to work with him and have him do my roof even after he threatens to sue me?
Real Estate Lawyer: Bill Attorney, Lawyer replied 3 months ago

Thank You.

I will make a review offer, please accept my offer to enable me to view your documents.

Attorney Bill

Ask Your Own Real Estate Law Question
Customer reply replied 3 months ago
I’d rather not, but thanks
Real Estate Lawyer: Bill Attorney, Lawyer replied 3 months ago

Yes the service is optional and is additional because of the time involved but relatively cheaper than requesting an attorney to review it in his office as you would be billed his hourly rate.

In relation to my answer

your positive rating gives me a credit for my time.

You do this by rating 5*****, 4**** or better.

FIVE STARS or your rating is always much appreciated.

Thanks

Attorney Bill

Ask Your Own Real Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Bill Attorney Your Own Question
Bill Attorney
Bill Attorney
Bill Attorney, Lawyer
Category: Real Estate Law
Satisfied Customers: 2,463
2,463 Satisfied Customers
Experience: Attorney

Bill Attorney is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Barrister

Barrister

Lawyer

11,963 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,255 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,104 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,998 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

P. Simmons

P. Simmons

Lawyer

3,540 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
I need an HOA attorney. My HOA is saying I have to remove
I need an HOA attorney. My HOA is saying I have to remove noncommercial signs (about 4 square inch signs which only state that people should comply with California Vehicle Code Section 22500 Subsectio… read more
socrateaser
socrateaser
1,031 satisfied customers
Building beach house in Galveston, TX, HOA architect
Building beach house in Galveston, TX, HOA architect committee stamped approval design on plans. Now they are saying to stop construction of front stair rails because the balusters are not in keeping … read more
Lori
Lori
Juris Doctor
1,589 satisfied customers
I own a townhome that is governed by an HOA. There is an
Hello, I own a townhome that is governed by an HOA. There is an issue with the pipes under my property and I have had a company come in to repair the issue. My insurance states that the HOA is liable … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
8,255 satisfied customers
My hoa seeks to fine me at a rate not contained in the hoa
My hoa seeks to fine me at a rate not contained in the hoa declaration. … read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,068 satisfied customers
What is the responsibility of the HOA to reseach and select
what is the responsibility of the HOA to reseach and select paint that is best for stucco with visible cracks (i.e. elastomeric paint) to prevent and protect the stucco from future cracks. … read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,068 satisfied customers
Virginia HOA issue. Petition sent to HOA Board.Copy sent to
Petition sent to HOA Board.Copy sent to Management Company … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,890 satisfied customers
I have an HOA question. I was out of country when HOA sent
I have an HOA question. I was out of country when HOA sent letters for me to clean mildew off my siding and pressure clean my driveway. They were aware I was out of country because they emailed me a n… read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,068 satisfied customers
I indeed have a question, on HOA ,atters. on our HOA. We
Hello ****. I indeed have a question, on HOA ,atters … read more
Lori
Lori
Juris Doctor
1,589 satisfied customers
I'm atheist, and I live on a 55 plus HOA community, My HOA
Hello, I'm atheist, and I live on a 55 plus HOA community, My HOA is conducting a meeting at a church. I really want to go to the meeting because its on my best interest and I want to be updated on my… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
8,255 satisfied customers
My HOA board granted the HOA president use of platted common
My HOA board granted the HOA president use of platted common area in the attic space located above her unit in violation of the HOA rules that require 67% of the homeowners authorization. The did this… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,540 satisfied customers
My wife and I is having a problem with our HOA. The HOA and
Second opinion] My wife and I is having a problem with our HOA. The HOA and ACC is trying to enforce bylaws that are not in our HOA declarations. we started a fence privacy project in 2016 we notified… read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,068 satisfied customers
My wife and I is having a problem with our HOA. The HOA and
My wife and I is having a problem with our HOA. The HOA and ACC is trying to enforce bylaws that are not in our HOA declarations. we started a fence privacy project in 2016 we notified the HOA we will… read more
Ray
Ray
Lawyer
Doctoral Degree
8,104 satisfied customers
I am on an HOA Board -- the HOA has existed since 2002 -- I
Hi. Yes. I am on an HOA Board -- the HOA has existed since 2002 -- I believe that board is overreaching on planning to force homeowners into a wifi contract. Can 7 members do that to an entire associa… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am a homeowner in an HOA in CA. My roof leaked and the HOA
I am a homeowner in an HOA in CA. My roof leaked and the HOA say that the leak is my fault and I have to pay for the repair. The HOA invited me to a meeting where I was given five minutes to defend my… read more
LegalGems
LegalGems
Juris Doctorate
12,313 satisfied customers
Regarding an HOA. IS it legal for an HOA to "park" debts
Regarding an HOA. IS it legal for an HOA to "park" debts such as assessment fees, interest charges, recording fees, etc. without any notification to homeowners in any manner for nine months. Then with… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
8,255 satisfied customers
Can individual HOA members be liable for HOA common
Can individual HOA members be liable for HOA common property? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
12,349 satisfied customers
It is more about HOA. NJ. An attorney for the HOA is
My name is ***** ***** I live in Robbinsville, NJ in Foxmoor Condominiums. I am currently in a legal situation with my HOA for having two small dogs in my unit, one of which is an emotional support dog. In 2014, unbeknownst to me, the HOA changed their rules on having two animals in the home. I believe they basically sent out an email changing this rule. Regardless I was unaware of this. My son and I got a mini dauchound who is our family dog. Just recently, by suggestion of my therapist, I got a personal emotional support dog named Lulu. Within a month I received a letter from the HOA asking me to remove one dog. I responded with a letter from my therapist and I received a response that they would allow the emotional support animal but that they are still enforcing the two animal rule, ultimately they are now asking I get rid of the family dog. If i wanted to fight them on this I have to notify them by Feb. 16th to schedule a mediation.According to HUD, emotional support animals are no considered “pets” but rather companions so I would think my personal emotional support animal would be exempt from being that additional dog in my home.This is huge situation for both myself and my seven year old son and I want to fight them on this but I wanted to inquire if we even stood a chance a success. I would have no problem retaining an attorney if this would help things.… read more
Lori
Lori
Juris Doctor
1,589 satisfied customers
Can a contractor legally go into a HOAs unit to repair an
Can a contractor legally go into a HOAs unit to repair an emergency like a truss or bearing wall without permission of the condo's owner who is stating otherwise? The board has two engineering reports… read more
Michael Bradley
Michael Bradley
JD
1,444 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x