Legal Question in Business Law in California

Home Improvement Contract

My husband & I found a flyer at our doorstep that read ''Maple cabinets and Granite countertops'', so, we invited a salesperson into our home and told him that we wanted oak cabinets. He said ''no problem'' and using very fast and ''polished'' speech he talked us into quickly signing the contract that did not mention specific details, that we would actually be getting ''manufactured wood'' (aka ''press board'' w/ laminate) for a very high price. Before signing the contract I made it very clear that I did not want press board, but real, solid wood. He didn't give a straight answer.. Instead he kept repeating, ''don't worry, you will love these cabinets. I am giving you the best quality for the best price. When we had the cabinets installed we realized that we did get pressed board with laminate, so we read the flyer again which also stated ''we will beat any price or your cabinets are free'' I then, w/ a witness got a competitor's detailed and signed quote which is $4000 less, and all I want to know is do they have to meet that competitor's quote and ''Did we sign away our rights on that contract? By the way, 2 days after the contract was signed, we changed the order to maple wood. Either way, the understanding of ''solid wood is the same.


Asked on 7/25/07, 6:10 pm

4 Answers from Attorneys
Michael Meyer Law Ofc. Of Michael J. Meyer

Re: Home Improvement Contract

Home Improvement Contracts are heavily regulated in California. For specific requirements on what MUST be in those contracts, see Business & Professions Code 7152 - 7163. When combined with California's Unfair Competition Law, found in Business and Professions Code 17200, et seq., this can give a private cause of action for these contractual insufficiencies, if any exist. The question of whether you "signed away your rights" should be addressed first under this schema.

Additionally, you might have claims for fraud, misrepresentation and breach of contract.

Good luck

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Answered on 7/25/07, 6:37 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Home Improvement Contract

Read The Friendly Contract. The answers to all your questions are in the written contract. Nothing the salesman told you verbally is binding on the company.

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Answered on 7/25/07, 6:38 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: Home Improvement Contract

You may have several legal and/or equitable remedies available to you under California Law. However, an attorney would need to review your contract in its entirety to see what rights you specifically have and/or what obligations the contractor at issue has. If you would like affordable legal assistance here, contact us directly.

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Answered on 7/25/07, 6:40 pm
Terry A. Nelson Nelson & Lawless

Re: Home Improvement Contract

So, why did you pay upon completion if they weren't what you wanted? Now your only remedy is to sue and hope to convince a judge to give you back some or all of your money. Without any sarcasm, good luck. If this is within the $7500 limit of small claims court [unlikely], file there yourselves and take your proof and witnesses. If over that limit, consider hiring counsel - the contract may have a 'winner gets their attorney fees' provision. The attorney may be able to negotiate some settlement/partial refund without having to actually sue, but don't count on it. This sounds like a gyp joint, so they probably will make you fight for it. Feel free to contact me if you decide to get counsel.

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Answered on 7/25/07, 7:09 pm


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