Legal Question in Consumer Law in Maryland
Home Improvement
Two weeks ago I signed a contract with a home improvement contractor to install new custom windows. The contract had a 3 business day recission clause but I wasn't given the form required by the contractor. Only I signed the contract, my wife did not. I expressed my hesutation over the phone to the salesman about four days later and he stated i shouldn't worry about it, nothing had been done yet. The money I was counting on to pay for this work will now not be available to me for several months. The contractor has not done any work, hasn't done any measurements, nothing finalized or ordered etc. I wanted to postpone the work but they're telling me that I have to work with them and if neccessary use their financing. Can they force me to continue? Is there a way to terminate the deal?
1 Answer from Attorneys
Re: Home Improvement
Review your contract for a liquidation clause. This spells out the dollar amount of the penalty you will have to pay should you terminate. If there is no clause, the standard breach amount is what the contractor has incurred in expenses in preparing to perform the contract. Based on what you have described, the contractor may be in breach himself given that he has not done anything for months. You may wish to start off with a written letter to the contractor rescinding the contract.
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