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Question: Business - Pennsylvania

Asked on 7/22/2009
how binding is a contract for replacement windows when there was a conflict with the work to be done.
the sales rep said they would remove the awnings, storm windows and old windows for replacement. 5 days later, the guy did the exact measurements, but stated he would not be able to remove the awnings. I cancelled the job. They are threatening me with the signed contract. No work was done but measurments

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Answers (1):

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To guide you through your issue, I would need to know more specific facts. Generally speaking, what stands out about your situation, is you would first want to determine whether your rights are affected by the new Pennsylvania Home Improvement Consumer Protection Act that has recently taken effect on July 1, 2009. The Act is a powerful one that goes a long way to protect consumers in situations of the type that you describe when entering into contracts with home improvement contractors. If your contract was entered into on or after July 1, 2009, your contract would be guided by the new law and you would have powerful remedies at your disposal. If your situation does not come under the new law, then general Pennsylvania contract and consumer law will govern your transaction, including the Unfair Trade Practices and Consumer Protection Law, another law that affords consumers powerful remedies for consumer fraud.

Here is a web address for the Office of the Attorney General of Pennsylvania, where you will find valuable information about the new law and remedies that might be available to you. Go to http://www.attorneygeneral.gov/hic.aspx?id=4313

Gail Marcus, Pennsylvania Business Lawyer, 2 Penn Center Plaza, Philadelphia, Pennsylvania 19102, at 215-751-0505.

Disclaimer -- The information posted is just that, general information and is not to be construed to be formal legal advice or to form a lawyer/client relationship with you. Each case is dependent on specific facts, and one change of fact can change the entire analysis. It is not intended that you rely on the answer that I have provided here, AND NOR SHOULD YOU RELY on what I have said here. YOU NEED TO SEEK LEGAL COUNSEL FOR A FORMAL LEGAL OPINION SPECIFIC TO YOUR FACTS.



  • Answered on 7/25/2009
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