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Need Some Legal Advice - hardk0re - 06-28-2009
ok here is the deal, i needed a new roof on my moms house, so i got some quotes, we got a few then one that was low. So I called and talk to him and i was pretty happy with the quote and when was he available.
So he said he'd call back in a few weeks, in the mean time I found someone else and signed up with them, picked my shingles and everything. I actually signed papers.
I got an email from him that he wanted to come and do the roof, so i told him that i was not interested in a roof.
Now I got an email from him saying he is sueing me for the full amount of the roof, saying we had some verbal contract. He's sueing me and my mom, and putting a lien on the house. Or so his email says....
Is this bulls*** deal or does this guy have a leg to stand on? I never met the guy, never wrote him in an email that I wanted them to do the roof, just that I wanted a quote. I never even signed any paperwork.
Daniel?
Need Some Legal Advice - Canadian ST - 06-28-2009
He is just trying to scare you.
Most people get a few quotes before spending money on major home repairs, as long as you didn't sign anything stating that he would perform the repair or give a deposit you should be fine.
Need Some Legal Advice - NefCanuck - 06-28-2009
The guy can certainly try to sue you, but would have to be able to prove his case that a verbal contract was created (EG: was there an agreed upon start date? Scope of work to be performed? Cost of the work agreed to?)
NefCanuck
Need Some Legal Advice - hardk0re - 06-28-2009
There was no agreed start date, Technically in his quote there was an agreed cost/work to be performed. But nothing was signed.
I guess this guy will just be wasting my time this winter. If I represent myself is that sufficient or do I need to get a lawyer. I think I have access to some lawyers for consult through my work, is that good enough?
Need Some Legal Advice - ZTWsquared - 06-28-2009
hardk0re,Jun 27 2009, 06:18 PM Wrote:ok here is the deal, i needed a new roof on my moms house, so i got some quotes, we got a few then one that was low. So I called and talk to him and i was pretty happy with the quote and when was he available.
So he said he'd call back in a few weeks, in the mean time I found someone else and signed up with them, picked my shingles and everything. I actually signed papers.
I got an email from him that he wanted to come and do the roof, so i told him that i was not interested in a roof.
Now I got an email from him saying he is sueing me for the full amount of the roof, saying we had some verbal contract. He's sueing me and my mom, and putting a lien on the house. Or so his email says....
Is this bulls*** deal or does this guy have a leg to stand on? I never met the guy, never wrote him in an email that I wanted them to do the roof, just that I wanted a quote. I never even signed any paperwork.
Daniel?
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What Daniel said ... plus; unless you gave him a deposit or a credit card number or post-dated cheque ... something the lawyers call "consideration" ... then there was no contract.
The notion of a verbal contract is a valid one but obviously harder to prove than a written one ... the one thing judges look for when assessing the validity of a verbal contract is the consideration ... in other words, did money change hands in exchange for something (ie: Mulroney taking cash from Karl Heinz-Schrieber) ... if yes, then it's likely that a contract was indeed agreed to ... if not, and if nothing in writing, where's the proof? Even if you said on the phone "I want you to do my roof" - that's still not a contract.
And the only way he can put a lien on your house is if he actually did some work on it.
If this guy continues with his insanity let me know and I'll put you in contact with my brother - he's an industrial / commercial contract lawyer on Bay Street and eats these idiots for lunch every day.
Hopefully you'll never hear from him again and thank your lucky stars you in fact did not agree to a contract with him.
Need Some Legal Advice - hardk0re - 06-28-2009
Oh I do thank my lucky stars! It just shows what kind of person he is....
Oh the people I could sue if I only was such an ahole.
I have no doubt this guy will try and sue me he said it only costs $65 to make a claim in small claims court, so I guess he's hoping to spend $65 in hopes that I crack and give him like 1/2 the money or something.... or somehow offer him some money so this doesn't happen at all..
Need Some Legal Advice - NefCanuck - 06-28-2009
hardk0re,Jun 27 2009, 07:14 PM Wrote:There was no agreed start date, Technically in his quote there was an agreed cost/work to be performed. But nothing was signed.
I guess this guy will just be wasting my time this winter. If I represent myself is that sufficient or do I need to get a lawyer. I think I have access to some lawyers for consult through my work, is that good enough?
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Based on the facts that you have disclosed (and the fact that no $ changed hands at all) I would say that realistically this clown wouldn't bother and if he did, you could send a drunk rhesus monkey to represent you at Small Claims Court and you'd be fine ;)
NefCanuck
Need Some Legal Advice - hardk0re - 06-28-2009
I'll keep you guys posted. I'm hoping this doesn't go anywhere but this guy sounds pretty determined to sue me. He also said hew as going to sue the tennant of the house (my mom). I'm not sure how thats even possible the fact that she is my mother shouldn't matter, she's still a tennant.
I've stopped all communication with him as of yesterday when he said he was sueing me, and i'm going to keep it that way.
Need Some Legal Advice - NefCanuck - 06-29-2009
Sue the tenant of the house? :blink:
Unless she actually was involved in the "creation" of this "contract", he's blowing more smoke than the Hagersville Tire fire ever did :lol:
NefCanuck
Need Some Legal Advice - hardk0re - 07-01-2009
As it turns out this guy claims to be part of the BBB (and is not), and is also on the consumer beware list.
For anybody thinking about any home reno or repair, I'd urge you co check out the http://www.bbb.org and also http://www.consumerbeware.mgs.gov.on.ca/catsct/start.do
Need Some Legal Advice - meford4u - 07-01-2009
He may put a lien on your house. And if you ever go to sell, that is going to be a PITA.
Quote:Please stay ontopic, insults go to the handicapp section .-flofocus
Need Some Legal Advice - NefCanuck - 07-01-2009
meford4u,Jun 30 2009, 01:14 PM Wrote:He may put a lien on your house. And if you ever go to sell, that is going to be a PITA.
Quote:Please stay ontopic, insults go to the handicapp section .-flofocus[right][snapback]290407[/snapback][/right]
Ah but to do that, there has to be a service performed or materials provided (If what you are thinking is a lien under the Construction Lien Act)
Otherwise only other way for him to get a lien would be to sue in SCC and that would result in a defense being filed and fur flying long before a lien is even part of the picture.
NefCanuck
Need Some Legal Advice - dBlast - 07-01-2009
A lien can only be created if services or materials were supplied. You can not lien if nothing was done.
This is the basic definition of a lien from The Construction Lien Act.
Need Some Legal Advice - Scorcher000 - 07-01-2009
You know what you need to do...
1 Buy the supllies
2 buy some food and drinks
3 start up the BBQ
4 invite the FC.net ppl over
5 con them into helping out
:lol: :lol:
Need Some Legal Advice - ANTHONYD - 07-01-2009
See if mike holmes website has a "dickhead section" make sure you add his company name.
Need Some Legal Advice - 2001 ZTS - 07-01-2009
Scorcher000,Jun 30 2009, 06:26 PM Wrote:You know what you need to do...
1 Buy the supllies
2 buy some food and drinks
3 start up the BBQ
4 invite the FC.net ppl over
5 con them into helping out
:lol:ÃÂ :lol:
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There you go Tony; there is one way way to get your wife pregnant. I know for a fact I have good swimmers or at least ones that won't Kancel.
You DESERVED that one so just suck it up. PLUS the fact that I know about your dirty little secret. That is right, DP drank TOO much and spilt it!
Need Some Legal Advice - hardk0re - 07-01-2009
I confirmed today that unter the consumer protection act I actually had 10 days to cancel any contract without any recourse. And if said contract came into effect when he states I actually cancelled on the 9th day.
On a side note the BBB will also be doing some digging for this guy using the BBB name and logo while he is not part of the BBB and never was.
The contractor is also on the buyer beware list. Guess I really shoulda checked this out BEFORE I even called that guy to come and give a quote.
Need Some Legal Advice - 2001 ZTS - 07-01-2009
^^ Great job!
Everyone imagine if it were someone like my 70+ widowed mom and why he (hardkore) did such a good thing by asking and pushing back! *thumbs-up*
Those sort of people should be dragged to the centre of the street and shot.
Need Some Legal Advice - ANTHONYD - 07-02-2009
agree!
Way to go hardkore!
Need Some Legal Advice - NefCanuck - 07-03-2009
Scumbags like those are why I'll never run out of clients <_<
NefCanuck