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contract void due to fraud?

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O

olsweeney

Guest
What is the name of your state? California

we signed a contract for home improvement/remodel with a contractor

2 contracts actually
the first is titled work description but lists the company name and a license number with a payment schedule. I have since checked with the contractor's board and the contractor's license number does not belong to the company that is listed on the contract. The owner's name is not listed anywhere on the first contract only an illegible signature and the company name.

the second paper is called a home improvement contract and it lists the owners name and company name but no contractor's license number; no date of completion or start.

Do we have a valid contract?
 


HomeGuru

Senior Member
olsweeney said:
What is the name of your state? California

we signed a contract for home improvement/remodel with a contractor

2 contracts actually
the first is titled work description but lists the company name and a license number with a payment schedule. I have since checked with the contractor's board and the contractor's license number does not belong to the company that is listed on the contract. The owner's name is not listed anywhere on the first contract only an illegible signature and the company name.

the second paper is called a home improvement contract and it lists the owners name and company name but no contractor's license number; no date of completion or start.

Do we have a valid contract?
**A: no for both.
 
O

olsweeney

Guest
should i sue in small claims or superior

now that we don't have a valid contract- should i sue him in small claims or in superior court?

we would like to recoup some of the money we have paid him so we can redo the stuff he did wrong and finish what he has left undone- and punish him for lying, manipulating and hopefully, he might think twice before he does this to someone else.

my question is he has more resources than we do and if i sue him in superior court he will have access to a more expensive attorney. I want to get back 1/2 of what i have given him, 35,000, since we don't have a valid contract with him does that mean we will automatically win?

thank you for your time
 

HomeGuru

Senior Member
olsweeney said:
now that we don't have a valid contract- should i sue him in small claims or in superior court?

we would like to recoup some of the money we have paid him so we can redo the stuff he did wrong and finish what he has left undone- and punish him for lying, manipulating and hopefully, he might think twice before he does this to someone else.

my question is he has more resources than we do and if i sue him in superior court he will have access to a more expensive attorney. I want to get back 1/2 of what i have given him, 35,000, since we don't have a valid contract with him does that mean we will automatically win?

thank you for your time

**A: now you are changing the story and adding more information. So now my response is just the opposite.
 

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