Can I cancel a contract w/ a flooring company?

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Zebo

Elite Member
Jul 29, 2001
39,398
19
81
That's actually a pretty good deal for HW flooring.. what kind of wood? sub floor too? not that cheap ass fake sh!t?

Anyway he'll put a lean on your house most likly for the 35%.

edit .. Evadman's on top of things already...
 

gopunk

Lifer
Jul 7, 2001
29,239
2
0
Originally posted by: Zebo
That's actually a pretty good deal for HW flooring.. what kind of wood? sub floor too? not that cheap ass fake sh!t?

Anyway he'll put a lean on your house most likly for the 35%.

edit .. Evadman's on top of things already...

lien ;)
 

gsaldivar

Diamond Member
Apr 30, 2001
8,691
1
81
Just eat the cancellation fee and consider it a lesson learned. Sorry dude. :thumbsdown::(
 

Evadman

Administrator Emeritus<br>Elite Member
Feb 18, 2001
30,990
5
81
Originally posted by: gsaldivar
Just eat the cancellation fee and consider it a lesson learned. Sorry dude. :thumbsdown::(

The cancelation fee is more than the rate that he was quoted by other companies.
 

Zebo

Elite Member
Jul 29, 2001
39,398
19
81
Originally posted by: gopunk
Originally posted by: Zebo
That's actually a pretty good deal for HW flooring.. what kind of wood? sub floor too? not that cheap ass fake sh!t?

Anyway he'll put a lean on your house most likly for the 35%.

edit .. Evadman's on top of things already...

lien ;)

leaner wallet:)
 

Medea

Golden Member
Dec 5, 2000
1,606
0
0
Your profile states that you're from the Yukon but the country is the U.S. which confused me since I'm not familiar with that neck of the woods. Are you in Alaska or in Canada?

Anyway, if you're in Canada, take a look at Consumer Protection Rights in Canada. It looks like you have 10 days to cancel, but I only skimmed it.

If you're in Alaska, take a look at Alaska Legal Resource Center.
It states that you have 30 days to cancel a contract for any reason - but, again, I didn't read the whole thing.

Also, as a general rule (U.S.), when a clause is changed in a written contract, courts usually require each party to the contract to initial the section that's been crossed our and/or amended so that it is clear that both parties were aware of and acknowledged the change made to the contract. In the U.S., you can also call the State's Attorney General's Office in the state where you live for information. If you live in Alaska, look for AG's Office close to the city/town where you live.

Do some googling tomorrow and get thee to a lawyer on Monday to find out your rights. These are just web sites, and you need to speak to an attorney.

Good luck!
 

alkemyst

No Lifer
Feb 13, 2001
83,769
19
81
Originally posted by: Megamorph
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.

I was trying to be more clear to the situation...Evadman below seems to have it covered. These guys aren't dealing with WalMarts and Home Depots usually. The sources typically may have some stock on hand, but the contractor puts an order in and they mill out the rest that's needed. Also with things like wood, you get 2000 pieces back and several have been damaged but palleted deep in the lot...you can be in bad shape down the road as you will have no idea who did the original damage.
 

psiu

Golden Member
Oct 1, 2003
1,629
1
0
Maybe you should have found these other companies first?

You did say it is a local company. Are there others that are either not local or big giant <evil> corporations?

Maybe you will get better service along with supporting your community. Although, if they changed terms after you signed, then talk to a lawyer.
 

allisolm

Elite Member
Administrator
Jan 2, 2001
25,233
4,827
136
Taken from here:

Remember, any contract you sign for work on your homestead must contain the following warning next to the space for your signature: "Important Notice: You and your contractor are responsible for meeting the terms and conditions of this contract. If you sign this contract and you fail to meet the terms and conditions of this contract, you may lose your legal ownership rights in your home. Know your rights and duties under the law."

 

Megamorph

Senior member
Nov 25, 2001
568
0
0
I called the contractor this morning. I explained that I wanted to cancel the contract and asked if he would be interested in renegotiating the price. He claims he's doing the work as cheaply as he can and that he's barely making a dime on the job. He declined to lower the price and indicated there would be a 35% fee to cancel. I explained that I was within the 3-day right of recision period. He asked, "Has it only been 3 days?" I confirmed that it had and he said OK.

The contract is terminated. I am sending him a letter to confirm.
 

Originally posted by: Megamorph
I called the contractor this morning. I explained that I wanted to cancel the contract and asked if he would be interested in renegotiating the price. He claims he's doing the work as cheaply as he can and that he's barely making a dime on the job. He declined to lower the price and indicated there would be a 35% fee to cancel. I explained that I was within the 3-day right of recision period. He asked, "Has it only been 3 days?" I confirmed that it had and he said OK.

The contract is terminated. I am sending him a letter to confirm.
I feel bad for the contractor, not happy for you. He's going to be stuck with a huge load of wood flooring because you were stupid and didn't shop around.

Next time, don't use the law to correct your stupid mistakes.

EDIT: when you call the other places and they quote you $10/sq. ft. + $5 supplies/sq. ft., I'll just laugh.
 

alent1234

Diamond Member
Dec 15, 2002
3,915
0
0
Originally posted by: jumpr
Originally posted by: Megamorph
I called the contractor this morning. I explained that I wanted to cancel the contract and asked if he would be interested in renegotiating the price. He claims he's doing the work as cheaply as he can and that he's barely making a dime on the job. He declined to lower the price and indicated there would be a 35% fee to cancel. I explained that I was within the 3-day right of recision period. He asked, "Has it only been 3 days?" I confirmed that it had and he said OK.

The contract is terminated. I am sending him a letter to confirm.
I feel bad for the contractor, not happy for you. He's going to be stuck with a huge load of wood flooring because you were stupid and didn't shop around.

Next time, don't use the law to correct your stupid mistakes.

EDIT: when you call the other places and they quote you $10/sq. ft. + $5 supplies/sq. ft., I'll just laugh.



how is the OP wrong? the law gives people 3 days to change their minds and the contractor shouldn't have ordered the materials until it was over.
 

Originally posted by: alent1234
Originally posted by: jumpr
Originally posted by: Megamorph
I called the contractor this morning. I explained that I wanted to cancel the contract and asked if he would be interested in renegotiating the price. He claims he's doing the work as cheaply as he can and that he's barely making a dime on the job. He declined to lower the price and indicated there would be a 35% fee to cancel. I explained that I was within the 3-day right of recision period. He asked, "Has it only been 3 days?" I confirmed that it had and he said OK.

The contract is terminated. I am sending him a letter to confirm.
I feel bad for the contractor, not happy for you. He's going to be stuck with a huge load of wood flooring because you were stupid and didn't shop around.

Next time, don't use the law to correct your stupid mistakes.

EDIT: when you call the other places and they quote you $10/sq. ft. + $5 supplies/sq. ft., I'll just laugh.



how is the OP wrong? the law gives people 3 days to change their minds and the contractor shouldn't have ordered the materials until it was over.
The law is there to protect consumers from dishonest contractors, not to give consumers a way out of a legally-entered contract. What he did was completely legal, but, IMHO, immoral.
 

alent1234

Diamond Member
Dec 15, 2002
3,915
0
0
Why is it immoral? The law says you have 3 days to change your mind when you sign a contract. Even if you buy a home you have 3 days to change your mind and walk away.

If this is the law then business needs to run itself in the framework of the law.
 

Albis

Platinum Member
May 29, 2004
2,722
0
0
so if the flooring company waits until three days after the signing of the contract and than orders the wood, the customer will be annoyed that it is taking extra days for work to be done

the company is in a bad situation either way
 

alkemyst

No Lifer
Feb 13, 2001
83,769
19
81
Originally posted by: alent1234
Why is it immoral? The law says you have 3 days to change your mind when you sign a contract. Even if you buy a home you have 3 days to change your mind and walk away.

If this is the law then business needs to run itself in the framework of the law.

Not all contracts.
 

alent1234

Diamond Member
Dec 15, 2002
3,915
0
0
Originally posted by: Albis
so if the flooring company waits until three days after the signing of the contract and than orders the wood, the customer will be annoyed that it is taking extra days for work to be done

the company is in a bad situation either way

I ordered a silestone coutertop from Home Depot Expo and it takes 3 weeks. Some products take a long time. With Expo they measure and don't start the work of making the countertop until i pay the balance.

Nothing immoral about conducting business in the framework of the state law. That is why the law is there in the first place, to have a clear set of standards for both sides in a transaction to follow.

 

alent1234

Diamond Member
Dec 15, 2002
3,915
0
0
Originally posted by: alkemyst
Originally posted by: alent1234
Why is it immoral? The law says you have 3 days to change your mind when you sign a contract. Even if you buy a home you have 3 days to change your mind and walk away.

If this is the law then business needs to run itself in the framework of the law.

Not all contracts.



apparently in this case the law says 3 days
 

KarenMarie

Elite Member
Sep 20, 2003
14,372
6
81
buyers signs contract
company orders wood
buyer then does what he should have before signing and shops around.
buyer gets buyers remorse.
buyer looks for a loophole to screw workers for what he signed for in good faith.
worker is stuck with a bunch of wood and buyer gets out of contract on a technicality.

while it mght be legal... it is not a nice thing to do.
 

alkemyst

No Lifer
Feb 13, 2001
83,769
19
81
Originally posted by: KarenMarie
buyers signs contract
company orders wood
buyer then does what he should have before signing and shops around.
buyer gets buyers remorse.
buyer looks for a loophole to screw workers for what he signed for in good faith.
worker is stuck with a bunch of wood and buyer gets out of contract on a technicality.

while it mght be legal... it is not a nice thing to do.

And why so much crap is so expensive in the US.

What the OP pulled above about 'backing out of the contract unless you renegotiate" is common in specialty industries, esp once the custom goods are created on contract. This is why so many only start tooling when the balance is covered.
 

mugs

Lifer
Apr 29, 2003
48,920
46
91
Oh honestly, you people make it seem like the contractor is never going to be able to use this wood. Worst case is he has to store it for a couple of weeks.
 

alkemyst

No Lifer
Feb 13, 2001
83,769
19
81
Originally posted by: mugs
Oh honestly, you people make it seem like the contractor is never going to be able to use this wood. Worst case is he has to store it for a couple of weeks.

Do you realize how hard storage is when you have your own business? We aren't talking the guys with 40,000 sq ft of warehouse space but a guy doing jobs on order at a low price...(the OP's price was low, however not knowing really what type of wood or cut you can't be sure).

A lot of woods no one wants, depending on the size of the job you may have too little (grains not matching then) or too much.....

It's never good when the consumer shops after the fact. You own your own business this is a daily occurance.
 

MustangSVT

Lifer
Oct 7, 2000
11,554
12
81
Originally posted by: Megamorph
I called the contractor this morning. I explained that I wanted to cancel the contract and asked if he would be interested in renegotiating the price. He claims he's doing the work as cheaply as he can and that he's barely making a dime on the job. He declined to lower the price and indicated there would be a 35% fee to cancel. I explained that I was within the 3-day right of recision period. He asked, "Has it only been 3 days?" I confirmed that it had and he said OK.

The contract is terminated. I am sending him a letter to confirm.


whew :) good. things out worked out in your favor :)