Legal Question in Consumer Law in New Jersey
cancellation of contract
I have signed a contract and gave downpayment for a florida room addition in the amount of $9700 about 2 months ago, to a builder. He is presently doing our masterbedroom addition. We are not happy with him because of delays, unanswered phone calls, broken verbal promises, and unanswered emails. I gave him every opportunity to address my issues.
I'm going to let him finish the masterbedroom addition, but I don't want him to do my florida room addition anymore. My Question is, how do I cancel the contract that I signed with him to do the florida room addition and get my money back?
The contract states that I have 3 business days to cancel from the time of signing the agreement, which was july 11,2006. It's already been almost 2 months.
Please help...
Thank you,
--name removed--R.
1 Answer from Attorneys
Re: cancellation of contract
By now, the contract that you have for the Florida room is binding. So, if you want out of it, you should expect to pay something by way of settlement. If you simply throw him off the site after the bedroom is done, he will probably sue for the whole amount. If you defend the suit, he will not get the full amount; he is only entitled to the profit, but that can be a large percentage if he is working for himself.
There are some other things that you can do to protect yourself and perhaps to get leverage to cancel the contract. Telling which of these will work in your case requires a knowledge of the specific facts and the history of this deal. I recommend that you contact a lawyer who handles construction claims to discuss your issues. If I can be of help, please call or email.
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