How doI get out of a contract with a roofing company?

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How doI get out of a contract with a roofing company?

I recently signed a contract with a roofing company to work with my insurance company to replace my roof. I was promised further details of their warranty the next day or 2. After 3 days (and after the allotted time to cancel the contract) they still would not return my phone calls. When I asked them to send me an estimate of the project they became hostile and said they would not do that until they “saw the check from the insurance company, and saw how the insurance company had estimated the costs”. Mostly I want to cancel the contract because of their terrible attitude.

Asked on June 18, 2011 under General Practice, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

A terrible attittude is not grounds for terminating a contract early. What might provide grounds would be fraud; that is, if certain representations (or promises) were made to induce you to sign with the company, and those promises were false, but at the same time, it was reasonable for you to rely upon them, that might constitute fraud, which can allow rescission (voiding) of a contract.  It's possile that promises to provide information about the warranty, while failing to do so, might constitute grounds therefore to rescind. Be aware that it's an uphill fight, though: first, if all the discussions about the warranty were oral or verbal, it may be difficult to prove what was promised; second, as a general matter, it's difficult to rescind a contract when the issue is that you were supposed to get more information, since a court could hold that in that case, it was not reasonable for you to sign before getting that information--i.e., that your reliance on the promise was not reasonable. A court might feel you should have waited and not signed until you received the warranty and any other information you needed.


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