contract not upheld

[68686868]

What is the name of your state (only U.S. law)? WI
I signed a contract with a window installer. They measured my windows and we discussed a price at the stated and measured sizes. They came back and said about half of my windows can't be built . They now want me to sign a change order. Can I opt out of this contract at this time ? The sales man really got weird after I signed the first contract. I don't feel comfortable with this company anymore

 

[quincy]

What is the name of your state (only U.S. law)? WI
I signed a contract with a window installer. They measured my windows and we discussed a price at the stated and measured sizes. They came back and said about half of my windows can't be built . They now want me to sign a change order. Can I opt out of this contract at this time ? The sales man really got weird after I signed the first contract. I don't feel comfortable with this company anymore

Yes. Any changes that are made to an original contract voids the contract unless both parties agree to the changes.

 

[68686868]

Yes. Any changes that are made to an original contract voids the contract unless both parties agree to the changes.

Thankyou quincy, and if they can't full fill the first contract this will also void said cantract?

 

[quincy]

Thankyou quincy, and if they can't full fill the first contract this will also void said cantract?

If they do not fulfill the terms of the first contract, then they have breached the contract and you can take legal action against them.

This is all "as a rule" information, though. The specifics in your case could make the answers to your questions different.

For one example, if the original contract terms cannot be fulfilled due to circumstances beyond the control of the window installer (there is a worldwide glass shortage, or the installer dies, or the house burns down), then the window installer has a justifiable excuse for not installing the windows as agreed.

You can have your contract with the window installer reviewed in its entirety by an attorney in your area, to better determine exactly where you stand legally with the contract signed with the window company. That would probably be smart.

 

[68686868]

If they do not fulfill the terms of the first contract, then they have breached the contract and you can take legal action against them.

This is all "as a rule" information, though. The specifics in your case could make the answers to your questions different.

For one example, if the original contract terms cannot be fulfilled due to circumstances beyond the control of the window installer (there is a worldwide glass shortage, or the installer dies, or the house burns down), then the window installer has a justifiable excuse for not installing the windows as agreed.

You can have your contract with the window installer reviewed in its entirety by an attorney in your area, to better determine exactly where you stand legally with the contract signed with the window company. That would probably be smart.

I don't want to take legal action I want out of the whole deal.

 

[quincy]

I don't want to take legal action I want out of the whole deal.

A legal action may not be your choice, though. The window installer could just as easily sue you for breaching the contract. That is why is can be important to go over your contract in its entirety (plus the proposed changes) with an attorney in your area, to better determine where you stand legally.

Your contract should have mentioned that you have 3 days to change your mind or back out of any signed agreement with the window installer (under Wisconsin's 3-day "cooling-off" law). It appears that you did not find a problem with the contract within those 3 days so now you probably have to look to the voiding of the contract due to the window installer's change in the contract terms.

Good luck.

 

[68686868]

A legal action may not be your choice, though. The window installer could just as easily sue you for breaching the contract. That is why is can be important to go over your contract in its entirety (plus the proposed changes) with an attorney in your area, to better determine where you stand legally.

Your contract should have mentioned that you have 3 days to change your mind or back out of any signed agreement with the window installer (under Wisconsin's 3-day "cooling-off" law). It appears that you did not find a problem with the contract within those 3 days so now you probably have to look to the voiding of the contract due to the window installer's change in the contract terms.

Good luck.

Thankyou quincy you were a great help. My salesman is sending me the new contract and the information about them unable to build half of my windows. My thoughts are, they tried selling me windows that they could not build. Therefore they are in breech of contract and are now trying to make another one so they at least make a sale.

 

[quincy]

Perhaps with the desire to get you to sign a contract, the window installer oversold his/his company's ability to deliver on the terms. That is always a possibility.

There is a good chance now that you can have the original contract voided if the new contract has terms that are substantially different than the old ones. You do not have to agree to additional or different terms in the contract. I know that having one company install some windows and having another company install the other windows can result in a mismatch of window styles that many if not most homeowners would not want.

I still suggest you have the contracts reviewed in their entirety by a professional in your area before you back out of any already signed agreement, however, to best ensure the window installer cannot come back later with a suit against you that might have some merit. I do not see, from what you have written here, though, that the window installer would have a suit that has much to support it.

Good luck, 68686868.

 

[68686868]

Perhaps with the desire to get you to sign a contract, the window installer oversold his/his company's ability to deliver on the terms. That is always a possibility.

There is a good chance now that you can have the original contract voided if the new contract has terms that are substantially different than the old ones. You do not have to agree to additional or different terms in the contract. I know that having one company install some windows and having another company install the other windows can result in a mismatch of window styles that many if not most homeowners would not want.

I still suggest you have the contracts reviewed in their entirety by a professional in your area before you back out of any already signed agreement, however, to best ensure the window installer cannot come back later with a suit against you that might have some merit. I do not see, from what you have written here, though, that the window installer would have a suit that has much to support it.

Good luck, 68686868.

OK thank you quincy you were a great help.

 

[quincy]

You're welcome, 68686868.

I hope all can be resolved with the window installer without too much difficulty.

Good luck, and thanks for the thanks.