Legal Question in Real Estate Law in Minnesota

contracts

A roofing contractor came to my house because of a previous storm, i did not call him. A contract was signed with a 3 day cancellation clause, it also stated ''no obligation to me unless payment for damage is approved by insurance co. and accepted by John Doe Exteriors.'' Ins. co. sent a check to me addressed only to me. My house is in foreclosure and the roof would last 2 more years. I could use the money to get out of foreclosure. Is contractor supposed to give me a cancellation form, otherwise contract is not valid? Is there any other ways out? Maybe not in right state of mind due to foreclosure?


Asked on 11/06/08, 1:26 pm

2 Answers from Attorneys
Maury Beaulier612.240.8005 Minnesota Lawyers

Re: contracts

First, I believe the other responding attorney misunderstood the facts, so let me be sure that I understand.

(1) You received a bid from a contractor in a door to door sale to replace or fix your roof due to hail or storm damage.

(2) The insurance comany approved the repair and sent a check to you for that repair.

(3) The work on the roof was never done and you would like to rescind the contract, cash the check and use the money to pay on the mortgage.

If that is accurate, the answer is "no" the contractor is not obligated to provide you a form to rescind the sale. Since it is a door to door sale, you must rescind the contract within three days after the contract is executed. If you are outside of that three days, you have a binding contract.

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Answered on 11/06/08, 2:54 pm
Nathan Hansen Nathan M. Hansen, Attorney at Law

Re: contracts

You received a roof and you do not want to pay for it? That's not very nice. You should pay the roofer, they spent a lot of money and put on a roof. So the roofer is supposed to pay for you to get out of foreclosure? Why should they?

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Answered on 11/06/08, 2:03 pm


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