Legal Question in Consumer Law in New York
Get out of a signed contract
The first meeting on Thursday July 17, 2008 around 7:30 PM to estimate the bathroom renovation. After agreeing on the price $8,000 for bathroom remodel. He demanded I wrote a check $1,000 and also any cash ( I gave $60) as deposit and we signed the contract. Second meeting on Friday July 18, 2008 around 7:30 PM, we met to estimate the kitchen remodel. After agreeing on the price $4,000, he demanded that I wrote a check $2,000 as 50% deposit. He also demanded a 50% deposit for bathroom or another check for $3,000. On the third meeting on Sunday July 20, 2008, he suggested marble upgrade to bathroom and kitchen for $5,500 and wooden floor for $4,000. After he left for less than 1 hr, I realized that it's expensive and asked to take back $5,500 and $4,00 checks to cancel the work. He refused. On the fourth meeting on Monday July 21, 2008, we met to modify the contract since he agreed to give back $4,000 check. Again he refused to give back $5,500 check. On this same day, all checks were cashed. I have been unable to get my money back. He does not answer my phone. Please advise what I should do to cancel and get a full refund $11,560.
Thank You.
2 Answers from Attorneys
Re: Get out of a signed contract
Generally, in New York you can cancel a home improvement contract within 3 days with written notice. Additionally home improvement contracts must be in writing. These rules, and others, may or may not apply depending on the specific facts and circumstances of your case. More information is required to make any kind of determination. Please call if you would like to discuss further.
Re: Get out of a signed contract
Mr. Shepro is correct. You may want to telephone the NYC Department of Consumar Affairs. They will help you retrieve your money.
Mike.
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