How to get my money back from a roofing contractor?

A roofing contractor took my money and kept scheduling the dates. I have a feeling they want to keep the money without doing anything. What can I do if that’s true? How do I force them to give my check back?

Asked on September 10, 2012 under Business Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Do you have a written contract with the roofer?  ALthough oral contracts can still be binding a written contract will generally spell out the details of the agreement between you and make it easier for you to sue if there is a breach.  I would send a letter by certified mail demanding that the work on the roof be started by X date and completed by X date.  I would also demand a written cotnract and take it to an attorney to review. You may want to contact the state agency that licenses the roofer as well.  If you get no response sue them in small claims court for the breach and return of the funds.  Good luck.


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