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

UPDATED: Jun 18, 2011

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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