What is my recourse ifI paid a roofing company a deposit and now cannot get in contact with them?

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What is my recourse ifI paid a roofing company a deposit and now cannot get in contact with them?

My brother paid the company $3000 in June (from an insurance claim), which represented half of their estimate for a repair job. They have not returned to begin the project, and now there is snow on the roof, so no work can be done. He would like the money back, but he calls and gets no answer. Is there any way he can get it back from the roofing company? What should he do?

Asked on December 1, 2010 under General Practice, Minnesota

Answers:

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

Answered 13 years ago | Contributor

I am so sorry.  Does your brother have a written contract with the roofing company?  Does it have a licensing number on the estimate?  Is it a corporation?  If it is a corporation you might want to contact the state Division of Corporations and see if there is another number or address of their designated agent in the state.  If he is licensed and you have the license number, call the state agency that licenses roofers and also inquire.  I would also call your state Attorney General's Office and file a complaint.  If none of this gets you anywhere then you need to sue him for a breach of contract.  You can probably do so in small claims court.  Good luck. 


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