How do I prove breach of contract for my reason to cancel payment on a home improvement project?

Asked about 1 year ago - Denver, CO

I had a door to door insulation salesman come in and quote a price for attic insulation. I signed a contract under the understanding that I could cancel up to the time of installation. I called to cancel twice because upon review I did not qualify for the rebates. I was assured I did qualify and the contractor would refund the difference of anything I didn't recover in rebates. When the contractors showed up the next day they did not provide a copy of the contract, failed to show ID, liked about identities (told us he was the twin brother of the salesman from day before) and we quickly realized we would not be getting any rebates. We feel the Colorado Consumer Protection Act was violated. We still do not have a copy of any contract. Looking for help to defend in small claims.

Attorney answers (1)

  1. Robert John Murillo

    Contributor Level 20

    Answered . If you have been sued, speak with an attorney immediately. You have a defense of rescission if you gave notice in the time required. I can only hope you did this in writing. Regardless, email an attorney on this site to discuss this matter and see if they can advise or represent you.

    Now, given this is small claims, it does not make sense to pay an attorney for a full representation. You can still see if any would advise you under a limited representation. Good luck.

    This answer is for informational purposes only and is not legal advice regarding your question and does not... more

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