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amoreno06's avatar

Legal Question: Is this contract valid? Can my dad get sued if he doesn't go with this company?

Asked by amoreno06 (352points) July 6th, 2009

My dad signed a “contract” to have some guys give him a quote on how much it would be to fix our roof. They said it would be without any compromise to gettting the roof repaired by them. He signed some papers and now they’re telling him he HAS to contract them to fix the roof.
Problem is, they had the name Heriberto on the contract. my dad is Enrique. does this matter? Or is my dad still under obligation to contract them?

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20 Answers

Darwin's avatar

What does the contract say? Is it really just for a quote, or did they trick him into signing an actual contract to perform work? You might check the company’s reputation with the Better Business Bureau as well as the office of your state attorney general. They sound as if they have done this before so there may be previous complaints. In any case, your dad can file a complaint himself.

amoreno06's avatar

I haven’t seen the actual “contract”, or whatever he signed.
I’ll look it up tonight.

kevbo's avatar

I’m just a caveman, but I believe that any contract signed without informed consent is invalid.

The incorrect name should be sufficient.

Darwin's avatar

I still think they should be reported to the state attorney general and the Better Business Bureau. What they are doing is fraud.

cak's avatar

I smell scam…this needs to be reported, l like Darwin suggested. I also think the wrong name on the contract could be problematic for the company. It seems like they are using a copy of a previously signed contract.

A reputable contractor would not demand you go with them, in order to get a quote.

tinyfaery's avatar

Incorrect name is sufficient, unless it is a known alias. A quote is a quote, not a contract for work.

PandoraBoxx's avatar

I believe you usually you have 3 days to change your mind about a contract.

DrBill's avatar

1. there must be a meeting of the minds for the contract to be valid. (all parties must agree)

2. the customer is NEVER required to sign an estimate. (he most likely signed a contract)

3. Be prepared to go to court if they try to force you to complete the contract.

4. Do not let them on your property, they could say they were there to do the work. (if you have to meet, make it a neutral place, not your property or their property)

5. When speaking of the paper, always call it the estimate, no matter what they call it.

marinelife's avatar

Also, when did he sign it? Most states give people three days to renege.

You or your dad call your state’s Attorney General’s office, which should have a consumer protection division.

This sounds like a scam.

The_Compassionate_Heretic's avatar

I’m confused about these guys you asked to get you a quote on your roof. Who are “some guys”?

A quote is not a contract. Just because they give you a bid that is only valid with the contractor who proposed said bid, doesn’t mean you’re contractually obligated.
You don’t need to give a signature for a quote. You certainly don’t need a contract for a guy just getting a quote.

If you signed a contract, you’re pretty much locked in to the terms and conditions of the agreement so long as the terms of the contract don’t break the law.

mzdesigns's avatar

contact a lawyer

AstroChuck's avatar

Isn’t Geico great?

(Sorry. I know I’m off topic but I’m just trying to ruffle kevbo’s feathers.)

mzdesigns's avatar

NO, progressive is cheaper :p

AstroChuck's avatar

@mzdesigns- I wouldn’t know. I have State Farm.

YARNLADY's avatar

In California, contactors must have a license and must follow the license board regulations. If they are not licensed contractors they cannot perform the work, legally no matter what the contract says, and if they are, they must conform to the procedure of the board. Any contract can be voided within three days in California, check your state regulations

bea2345's avatar

A lot depends on the local law, but this definitely stinks of a scam.

augustlan's avatar

@AstroChuck Geico was way more expensive than State Farm for me. Good old State Farm. :)

Darwin's avatar

State Farm here, too.

YARNLADY's avatar

All State for us, not only price, but service.

butterflies32's avatar

Generally a quote is it is merely an estimate of the work to be performed.
A contract is legal and binding and whether it be written or verbal. The first thing to do is have your father show you the paperwork and if it is a signed contract there are ways you may be able to get out of it. If your father does not have a copy, request one from the contractor.
Once you have the paperwork in hand, peorple will be able to assist you.

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