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How do I exit a bad home improvement contract? Contract signed Friday, workers absent Saturday...
Anonymous4 views3 answers
Good day Lawyers! I had signed a contract Friday morning for my basement water proofing. The sales person had promised me 6 people for 3 days to complete the work. But Friday there was 2 and today they took off saying my basement needs to dry off. When I called, he says he can't promise how many workers I can have each day. And the attitude has definitely changed completely since I signed the contract. My gut feeling tells that I am in for a bitter experience. Since it had not been 3 days since I signed the contract, is there a way to exit out of this? Is it 3 days or 3-business days for the exit? Should I let him resume work on Monday? How can I enforce a completion date?
Adam LefkowitzReal Estate AttorneyEast Brunswick, NJ ·
I agree with Mr. Keppler. I am curious to know if anything happened during the work that delayed the process. Knowing exactly what was said and by whom is critical to providing an accurate reply. The issue is whether facts not contained in the contract can be used to modify the contract, and if something happened during the beginning phases of the work that caused unexpected delays. I recommend you speak with an attorney for a consultation and discussion of the facts of your case.
Steven Todd KepplerLitigation LawyerSomerville, NJ ·
A number of facts are needed for full determination of your issue, and I suggest you speak with an attorney if you are serious about avoiding your obligations under this contract.
You indicate a salesperson informed you six people would be on site for three days. Is that in the contract, or any other written document? Are those three days consecutive, or three total work days, spread out over a reasonable period of time (allowing for drying, for example.)
Any contract in NJ with a licensed home improvement contractor must contain the name of the contractor, his HIC #, as well as the material terms of the agreement, or at least a listing of the work to be performed and the cost for labor. If you're working with a licensed contractor, that is. If you're working with an unlicensed contractor, then you have some recourse (potentially) under the NJ Consumer Fraud Act.
Christopher D. FerraraBusiness AttorneyHillsborough, NJ ·
I would need to see the documenation but it seems that you may have a valid basis to void this Contract. I would be glad to discuss.
Christopher D. Ferrara, Esq.
Christopher D. Ferrara, P.C.
52 Nostrand Road
Hillsborough, NJ 08844
Tel. (908) 429-1269
Fax (908) 429-0467
Email:
[email protected]
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Website:
CDFERRARALAW.COM
