Hi, Guest
06-28-2009, 10:23 AM
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.
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2003 Focus ZX5 infra-red Track Rat - R*I*P
2003 ZX5 CD Silver Track Rat - retired, but still in the driveway
New track rat: 2000 ZX3, Atlantic Blue * JRSC with lots more to come
* New Zetec crate motor - NFG - thanks Topspeed *