Legal Question in Consumer Law in Illinois

fraud, am I responsible?

A roofing company replaced my roof and I paid in full with a personal check. The sales rep of the roofing company signed the contract with ''paid in full'' and promess to comeback to drop the lien waiver. Days later the owner of the company came by to inform me that his employee had disapeared with the money (the employee had in fact cashed the check). Since I don't have the ''Lien Waiver'' and the company claims that they never got my money, am I at risk of having a lien put on my property or having to repay?


Asked on 6/16/02, 2:53 am

1 Answer from Attorneys
Spencer Farris The S.E. Farris Law Firm

Re: fraud, am I responsible?

While I can not give legal advice over the internet, I may nonetheless be able to help you. It is important to know who the person was that took your check. Was this the same person who presented the sales contract? If so, you may have been justified in believing he had authority to contract for the company- after all, you signed his contract and his company did the work.

You should insist on the lien waiver. If the company won't give it, contact a local attorney immediately! You should also contract your homeowner's insurance company and let them know of the problem- they may be obligated to provide a defense. Finally, make a report to the police and the local prosecuting attorney. If the company is trying to scam you, these are the authorities who should be notified.

It is important to note that, while we hope this information is helpful, neither I nor Lawguru.com represent you. Should you need further information, feel free to contact me at 314.621.6519.

Spencer E. Farris

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Answered on 6/17/02, 12:05 am


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