Legal Question in Real Estate Law in Illinois
I had this roofer stopped by my door and told me that since there was hail in the area, my roof should be checked. He let me know that i have hail damage. He told me to contact my agent and start a claim and he would help with the representation and get a settlement. Things started rolling fast, within a week i got the claim approved by the insurance. Once i did some research I realized that these roofers have not been in business very long (6 months), so i decided to cancel with them. Once I called him, he mentioned that I signed a contract with them. I always thought it was just a quotation, not an actual agreement. I really do not want to get the work done with these guys as I can not really go after them in case of a problem. They will be long gone. How do I get out of my contract. I also looked at the consumer rights paper, and it mentions that an agreement must have a time frame of when the job should start and end, and must inform consumer about the rights of cancellation within 72 hours. This stuff is not mentioned on the agreement at all. The form seems generic. Is there a way I can get out of this contract without getting sued. What is the proper way for me to cancel this contract (send them a letter?) They have not ordered anything on my behalf, as I have not even chosen a shingle. This is in Illinois by the way, please provide any legal reference if possible.
2 Answers from Attorneys
You generally have the right to cancel the contract any time before work begins.
You should also take a look at the paper you signed, and see if there is anything that would indicate that what you signed is a contract and not a quote. Just because the company says its a contract does not mean that it actually is.
I am always hesitant to answer questions concerning a document that I have not seen and as a matter of course suggest that you show it to an attorney. An initial consultation is sometimes free and usually inexpensive. I can state that you might have a problem since you allowed him to "represent you". It sounds like he provided you with a service of some sort in
addition to a quote or contract and can make a legitimate argument that he should at least be paid for his time. You might want to provide a compromise settlement.
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