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hcooan · Sep 10, 2013, 07:24 PM

After a bad hail storm, a roofing compnay came to our house and gave an estimate to my husband. Then my husband signed the contingent part of the estimate. We felt pressured by the roofing company and the estimate had grey areas, so we went with a different company that we trusted. Now the 1st company says we owe them 20% because my husband signed the contingency part of the estimate. I say we owe them nothing because we didn't sign the contract. The roofing company says they will send us to collection. I feel like they are trying to bully us into having them do the work. When I call they yell at me and tell me that they need to make a living. I tell them this is not my problem. They won't listen to me. I don't know if they are misinterpreting their paper work or if they are bullys. What can I do to stop this from going further?

ballengerb1 · Sep 10, 2013, 08:25 PM

Do not talk to them or call them again. Please read the contingency clause and tell us, word for word, what it says. Where are you located?

hcooan · Sep 10, 2013, 09:04 PM

Contingency agreement: This proposal is contingent upon the insurance company paying for the work to be completed on this contract. Professional Roofing "company" will invest its time and expertise in assisting the property owners "customer" with the insurance claim. The customer and company will not be obligated unless the scope of work above is approved by the customers insurance company in whole or in part or the customer signs for the proposed amount at the bottom of this contract.

We didn't sign the bottom.

The bottom says:
I have read and agree to the notice on the reverse side by my signature below, I agree to the terms and conditions on both sides of this contract including contingent agreement in section 1 and the notice on the back of this contract (25 fine print paragraphs - 1 of which state if we cancel contract we owe 20% or $500) company is authorized to perform work as specified by insurance company.

I am sure I do not owe. But I don't know how to get them to stop and I don't want them to send this to collections.

joypulv · Sep 11, 2013, 12:06 AM

You owe IF 'the scope of work above is approved by the customers insurance company in whole or in part'. The signature part is OR. If the roofer can prove that he got insurance approval, then I think you owe.

Fr_Chuck · Sep 11, 2013, 03:19 AM

I agree, you signed that if the insurance company agreed to pay, you would owe them the 20 percent.\\

If you felt pressured you sign nothing and ask them to leave. In fact many of those companies collect the insurance money and do no work also. Many crooks out there.\\
I agree, stop any contact with them, deny any debt if they turn it over to collections and hope you do not have to go to court and fight it

ScottGem · Sep 11, 2013, 04:31 AM

Originally Posted by hcooan

I am sure i do not owe. but i don't know how to get them to stop and i don't want them to send this to collections.

I wouldn't be so sure. You agreed to them performing the work IF the insurance company approved it. Did the Insurance company approve it? Did they, in fact, file a claim with the insurance company?

If they send this to collections, you will owe the 20%, plus fees and possibly interest. They can also put a mechanics lien on your home. If they take you to court, you will probably lose. So I'm going to disagree with my colleagues about ignoring them hoping they go away. Because if they do pursue it you will owe even more. So you may want to think about offering a settlement. Does 20% exceed the $500 mentioned?

Was the work completed yet (or even started)?

hcooan · Sep 11, 2013, 04:49 AM

Sounds like I will be calling a lawyer today. I still interpret the contract to say the bottom needed to be signed and the bottom wasn't signed.

ScottGem · Sep 11, 2013, 05:07 AM

Originally Posted by hcooan

customer and company will not be obligated unless the scope of work above is approved by the customers insurance company in whole or in part or the customer signs for the proposed amount at the bottom of this contract.

The ORs state the signing the bottom overrides the contingency clause, so signing the contingency clause obligates you.

And frankly, consulting an attorney may cost you more than a settlement would.

hcooan · Sep 11, 2013, 05:22 AM

Originally Posted by ScottGem

The ORs state the signing the bottom overrides the contingency clause, so signing the contingency clause obligates you.

And frankly, consulting an attorney may cost you more than a settlement would.

I guess I am interpreting the bottom part to obligate me. As it says: I have read and agree to the notice on reverse side. By my signature below, IU agree to all of the terms and conditions stated on both sides of this contract including the contingent agreement in section 1 and the notice on the back of this contract. Company is authorized to perform work as specified by the insurance company - it is really hard on the computer to express what this looks like. I think would rather pay an atty than settle with this roofing company. Thank you for your help :-)

ScottGem · Sep 11, 2013, 05:52 AM

Good luck and keep us posted.

hcooan · Sep 11, 2013, 06:04 PM

Originally Posted by ScottGem

I wouldn't be so sure. You agreed to them performing the work IF the insurance company approved it. Did the Insurance company approve it? Did they, in fact, file a claim with the insurance company?

If they send this to collections, you will owe the 20%, plus fees and possibly interest. They can also put a mechanics lien on your home. If they take you to court, you will probably lose. So I'm going to disagree with my colleagues about ignoring them hoping they go away. Because if they do pursue it you will owe even more. So you may want to think about offering a settlement. Does 20% exceed the $500 mentioned?

Was the work completed yet (or even started)?

The insurance approved our claim. The roof co did not file claim with insurance as we decided to go with more trust worthy company. The roof co only gave an estimate and met with the adjuster at our home. We chose a different roof contractor with a better BBB rating and one that we had experience with and yes, the roof is done, now. When we told bad roof co we were getting other estimates, they never said a word about billing us. Only when we told them we chose a different contractor did they get ugly.

I did find out today that the roof canvassers that snagged us, didn't have a solicitor license for our city.

I also agree - ignoring a problem won't make it go away.
Today I have spoken with police department, city hall, federal trade commission. I filed BBB complaint yesterday. Tomorrow I guess, I will find a local lawyer. And see what we need to do.

Anyway, thanks again for your help

ScottGem · Sep 11, 2013, 06:11 PM

First forget getting help from the BBB. They exist only to record complaints against a company. But the fact that this roofer was not licensed in your area is strong point for you. If they try to pursue legal action against you, you can report them for doing business without a license.