Can I cancel a contract w/ a flooring company?

[Megamorph]

On Thursday, I signed a contract with a local flooring company for hardwood floors. I gave them 50% down and they ordered the wood, which came from a local distributor right down the street. Since then, I have realized that I am paying considerably more than a fair price. The contract is for $13/sf with everything. Most of the other companies that I have since found are charging $10/sf. Huge difference.

It states in the contract that a 35% fee would be applied should I cancel. However, the contract also states that the labor warranty period is only 90 days. The contactor literally crossed through the language on the contract which says the labor warranty is one year. He marked it out and wrote in 90 days. I have since learned that the contract is irrelevant in regards to the labor warranty b/c by law it has to be at least one year. Are there any kind of consumer protections that would prohibit the contractor from charging me 35%?

The job is scheduled to start on 5/25.

 

[ElFenix]

sounds like you're screwed to me

 

[KLin]

did you sign the contract before or after he changed the warranty wording from a year to 90 days?

 

[MustangSVT]

you signed a contract, too late.

just hope for the best.

 

[quakefiend420]

Originally posted by: KLin
did you sign the contract before or after he changed the warranty wording from a year to 90 days?

if it was before, you should have no problem getting out of it...honestly...can he prove he didnt do it after you signed it?

 

[mugs]

Originally posted by: quakefiend420

Originally posted by: KLin
did you sign the contract before or after he changed the warranty wording from a year to 90 days?

if it was before, you should have no problem getting out of it...honestly...can he prove he didnt do it after you signed it?

If the contractor crossed it out before he had him sign it, he should have had Megamorph initial next to the crossed out section. I doubt he did that.

I'm not a lawyer, so I have no idea if you can get out of the contract.

 

[everman]

You should go talk to a lawyer.

 

[Chompman]

Just bend over and take it like a man.

 

[sixone]

Originally posted by: everman
You should go talk to a lawyer.

 

[anno]

check the three day right to cancel laws in your state.. see if that's applicable to your situation. it's a long shot, but.. worth a look.

 

[RbSX]

Originally posted by: Megamorph
On Thursday, I signed a contract with a local flooring company for hardwood floors. I gave them 50% down and they ordered the wood, which came from a local distributor right down the street. Since then, I have realized that I am paying considerably more than a fair price. The contract is for $13/sf with everything. Most of the other companies that I have since found are charging $10/sf. Huge difference.

It states in the contract that a 35% fee would be applied should I cancel. However, the contract also states that the labor warranty period is only 90 days. The contactor literally crossed through the language on the contract which says the labor warranty is one year. He marked it out and wrote in 90 days. I have since learned that the contract is irrelevant in regards to the labor warranty b/c by law it has to be at least one year. Are there any kind of consumer protections that would prohibit the contractor from charging me 35%?

The job is scheduled to start on 5/25.

No, you've been screwed by your own stupidity.

 

[alkemyst]

I hate people that don't shop first.

I'd say he is wrong for changing the warranty, however, on your copy that you signed what does it say...if it says 90days then you agreed to this change.

Regardless, 35% is fair, he ordered the flooring, chances are he cannot send it back. This is how a lot of trade stuff works. Have a painter order up 50 gallons of a custom color and change your mind because he is charging more than another painter you just found...who should eat that?

 

[Megamorph]

Originally posted by: alkemyst
Have a painter order up 50 gallons of a custom color and change your mind because he is charging more than another painter you just found...who should eat that?

I didn't order custom paint. I ordered hardwood, which can most certainly be returned or resold.

I believe the 3-day right of recision applies here. I'm thinking another option would be stoping payment on the check.

I am going to give the contractor an opportunity to lower his price before I move forward.

 

[Yzzim]

Originally posted by: Megamorph

Originally posted by: alkemyst
Have a painter order up 50 gallons of a custom color and change your mind because he is charging more than another painter you just found...who should eat that?

I didn't order custom paint. I ordered hardwood, which can most certainly be returned or resold.

I believe the 3-day right of recision applies here. I'm thinking another option would be stoping payment on the check.

I am going to give the contractor an opportunity to lower his price before I move forward.

When did the contractor change the contract to 3 months instead of 1 year?

Before or after you signed?

 

[mugs]

Originally posted by: Megamorph
I'm thinking another option would be stoping payment on the check.

I wouldn't do that... you could get in serious trouble.

 

[Yossarian]

Originally posted by: Megamorph

Originally posted by: alkemyst
Have a painter order up 50 gallons of a custom color and change your mind because he is charging more than another painter you just found...who should eat that?

I didn't order custom paint. I ordered hardwood, which can most certainly be returned or resold.

I believe the 3-day right of recision applies here. I'm thinking another option would be stoping payment on the check.

I am going to give the contractor an opportunity to lower his price before I move forward.

pay up sucka. you signed on the dotted line. not the contractor's fault you have buyer's remorse.

 

[Megamorph]

Originally posted by: mugs

Originally posted by: Megamorph
I'm thinking another option would be stoping payment on the check.

I wouldn't do that... you could get in serious trouble.

Not likely. The work has not yet even started. I guess the contractor could sue me for breaking the contract, but quite frankly I doubt he would want to test his contract in a courtroom.

 

[KLin]

Originally posted by: Megamorph

Originally posted by: mugs

Originally posted by: Megamorph
I'm thinking another option would be stoping payment on the check.

I wouldn't do that... you could get in serious trouble.

Not likely. The work has not yet even started. I guess the contractor could sue me for breaking the contract, but quite frankly I doubt he would want to test his contract in a courtroom.

He'll take you to small claims court. Stop being a moron.

 

[Megamorph]

Originally posted by: KLin

He'll take you to small claims court. Stop being a moron.

And? Do you think the contract wouldn't be examined in small claims?

The price of the contract is over the limit for small claims court.

 

[mugs]

Originally posted by: Megamorph

Originally posted by: mugs

Originally posted by: Megamorph
I'm thinking another option would be stoping payment on the check.

I wouldn't do that... you could get in serious trouble.

Not likely. The work has not yet even started. I guess the contractor could sue me for breaking the contract, but quite frankly I doubt he would want to test his contract in a courtroom.

http://www.ckfraud.org/penalties.html

I hope this situation works out in your favor.

 

[Ferocious]

Find out the restocking fee for the flooring.

Over the years I've seen restocking fees for this kind of stuff range from minimal up to 40%.

Good luck.

 

[Evadman]

Originally posted by: Megamorph
I didn't order custom paint. I ordered hardwood, which can most certainly be returned or resold.

You have never tired to retun lumber to a non-homeowner yard have you. There is exactly 0.05% of a chance the yard would take it back. I am in the buisness, I would know.

Honestly, it soulds like the only one at fault is you, and you are now trying to break a contract that you signed in good faith. I don't understand how you are trying to pin the fact that you didn't shop around on someone else?

Hell, how do you know that the company isn't worth the roughly 30% over what you say is average? $13 a sq/ft is CHEAPER THAN HELL up here for installed and finished 3/4" hardwood. A reputable company around here is between 17 and 20. The only thing you could get installed that is even close to hardwoord for $10 a foot would be Pergo, which runs about $6 a foot to install, plus materails, which average from $2 to 6, so you are already at your supposid average of $10.

In addition, jsut becaue someone in an office somewhere quotes you $10 doesn't mean it will actualy BE $10. In order to do a estimate that would even be close, they have to look at your current floor, figure out surface prep which can change drasticly from house to house, expecialy from concreete to wood to linolium and figure out all the materials for not only the floor but all the trim, and objects to go around.

You are totaly ignorant of the buisness.

However, just because I think you are ignorant doesn't mean I hope that you get this sorted out to your satisfaction. The contractor should have explained all charges, not just tossed a number out into the air that you agreed to. However, remember, you did agree to it in writing. You need to talk to the contractor first, and if he does not give a satasfactory answer, you need to talk to a contract lawyer.

 

[gopunk]

you should see a lawyer

that said, what you're talking about seems very unethical to me.

 

[Ferocious]

Originally posted by: Evadman

Originally posted by: Megamorph
I didn't order custom paint. I ordered hardwood, which can most certainly be returned or resold.

You have never tired to retun lumber to a non-homeowner yard have you. There is exactly 0.05% of a chance the yard would take it back. I am in the buisness, I would know.

Honestly, it soulds like the only one at fault is you, and you are now trying to break a contract that you signed in good faith. I don't understand how you are trying to pin the fact that you didn't shop around on someone else?

Hell, how do you know that the company isn't worth the roughly 30% over what you say is average? $13 a sq/ft is CHEAPER THAN HELL up here for installed and finished 3/4" hardwood. A reputable company around here is between 17 and 20. The only thing you could get installed that is even close to hardwoord for $10 a foot would be Pergo, which runs about $6 a foot to install, plus materails, which average from $2 to 6, so you are already at your supposid average of $10.

In addition, jsut becaue someone in an office somewhere quotes you $10 doesn't mean it will actualy BE $10. In order to do a estimate that would even be close, they have to look at your current floor, figure out surface prep which can change drasticly from house to house, expecialy from concreete to wood to linolium and figure out all the materials for not only the floor but all the trim, and objects to go around.

You are totaly ignorant of the buisness.

However, just because I think you are ignorant doesn't mean I hope that you get this sorted out to your satisfaction. The contractor should have explained all charges, not just tossed a number out into the air that you agreed to. However, remember, you did agree to it in writing. You need to talk to the contractor first, and if he does not give a satasfactory answer, you need to talk to a contract lawyer.

I aint in the business....but now that I think about it...... I agree $10-$13 a s.f. does sounds awefully cheap.

 

[Evadman]

Originally posted by: Ferocious
I aint in the business....but now that I think about it...... I agree $10-$13 a s.f. does sounds awefully cheap.

Well, to be totaly honest, I haven't been active in it for about 3 years. But it still holds true.