Signed a contract with Hero program-work on our house. 3 day cancel period has passed, husband wants to cancel. Can we??.
4 attorney answers
Generally, a construction contract can be cancelled within 3 days without any penalty. Since you missed that date, you would have to reach an agreement with the contractor and the HERO program people to get out of it now. The HERO program is supposed to be helping, so if you keep going up the ladder, you may find some way to get out.
We would need to review the contract. Schedule a consultation with a business attorney. Your posts does not give us enough facts. Use Avvo to find an attorney by clicking on attorney's profiles. Best of luck.
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Whether or not you could cancel without penalties will depend on the contract wording. Whether or not Hero will take you to court to recover damages will depend on their likely recoverable damages -- it is not always that parties end up in court particularly if the damages that may be awarded are outweighed by court related expenses. You should retain a lawyer to help you through this situation. Good luck!
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It could go to court.. You haven't stated any fact that would constitute grounds for cancelation (for example, if your home was damaged in such a way that it would make the job impractical.) If the the contractor hasn't actually done anything however, its potential damage recovery might not be worth its while, since it hasn't expended any labor or materials. You are talking about a written contract, so it might pay to have it reviewed by a business attorney. Very hard to to predict the outcome of breach of a written contract claim without knowing the contract's terms.
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