I am in a situation where I signed, what I thought was one particular agreement only to figure out later on that it was another particular, agreement. It turns out I have signed an agreement to hire a roofing company to roof my house. Well after much afterthought, I do not desire this contractor anywhere near my property. Originally I thought I was simply allowing him to contact my insurance company on my behalf, because he kept telling me that's all he was doing and kept telling me that he had to have something signed to give him permission to speak to them. Well I signed it without a second thought, but then later began to scrutinize it and figured out that not only did it give him permission to speak to the insurance company, but gives him exclusive rights to perform the repair and gives him rights to all insurance monies no matter if they exceed the actual costs of repairs or not. This is unacceptable to me and I have since advised him that his company is no longer authorized to perform the work on my property. I advised him to send me a reasonable bill for all that he's done so far. Well he refuses to do so, and is threatening to sue me for breach of contract and to lien my property. He is claiming he has already purchased the material for the work. I don't mind paying him for work he has already performed, but I do not desire for him to actually work on my house. Is there a way for me to legally breach this contract?
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how to legally breach a contract?
- Thread starter bhmjones
- Start date
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Zigner
Senior Member, Non-Attorney
Sorry, this site is for US Law Only.
Well I am in the U.S. I am in Alabama.
justalayman
Senior Member
and you were asked to provide that when you first posted.
based on what you have said, you have no valid reason to terminate the contract. A failure to read the contract you are signing is not a valid reason to do so.
My apologies for incorrectly posting.
My question is: is there a way to validly breach the contract. I agree that the reason's I have given so far are not valid.
"My question is: is there a way to validly breach the contract. I agree that the reason's (sic) I have given so far are not valid."
You've basically answered your own question. You cannot blame the other party because you didn't read the contract carefully, nor did you ask questions about anything you didn't understand. You're out of luck, in other words, stuck.
TheGeekess
Keeper of the Kraken
Allow me to translate, since OP is from Birmingham, Alabama and I speak fluent Bama.
Hey, that dog don't hunt! You bought that pig in a poke. Sorry you got Bentley'ed, but stuff happens.
justalayman
Senior Member
I was understanding until you got to "Bentley'ed". Can you translate? My Google translator found no translation.Allow me to translate, since OP is from Birmingham, Alabama and I speak fluent Bama.
Hey, that dog don't hunt! You bought that pig in a poke. Sorry you got Bentley'ed, but stuff happens.
TheGeekess
Keeper of the Kraken
Dr. Robert Bentley was recently elected governor of the great state of Bama. He was the dark horse Republican candidate that in a fair election (ie: one that the Alabama Education Association/Union/PAC did not dump money into negative campaign ads against the Republican candidate that seriously threatened their power-base in the state) would not have gotten the nomination. In the end, we had Dr. Dr. Robert "Snowball" Bentley vs Ron "Bubba" Sparks (who likes to spend his weekends with his buddies drinking beer and driving on dirt roads). Alabama ended up with the best governor that education PAC money could buy. Gov. Bentley, a Republican, has managed to put many of the Democrats voted out of office back to work for the state government (in the first month alone!). So the state got Bentley'ed (and not kissed).
justalayman
Senior Member
I guess you are lucky his name wasn't Rolls. It would probably have cost everybody another 25%.
Have you heard about the guy in Indiana who they wanted to name a government center after except they just can't bring themselves to name something:
The Harry Baals (yes, it is pronounced; balls) Convention Center.
I would have no problem doing that and I would actually incorporate the pronunciation direction in the name.
http://www.msnbc.msn.com/id/41480994/ns/us_news-weird_news/
I can see his re-election slogans back in the day;
What would Fort Wayne do without Harry Baals?
You know you like Harry Baals!
Vote for Harry Baals.
Don't you want Harry Baals on your side?
Have you heard about the guy in Indiana who they wanted to name a government center after except they just can't bring themselves to name something:
The Harry Baals (yes, it is pronounced; balls) Convention Center.
I would have no problem doing that and I would actually incorporate the pronunciation direction in the name.
http://www.msnbc.msn.com/id/41480994/ns/us_news-weird_news/
I can see his re-election slogans back in the day;
What would Fort Wayne do without Harry Baals?
You know you like Harry Baals!
Vote for Harry Baals.
Don't you want Harry Baals on your side?
TheGeekess
Keeper of the Kraken
Oh, yes. He's been discussed by the local talk radio crews.
It turns out that I do have recourse after-all. One is able to "void a contract" in cases such as these: when the contract is "legally unconscionable", and the contractor "fraudulently" tricked the consumer into signing it.
Thanks for being the judge and jury in your answers here so far
Thanks for being the judge and jury in your answers here so far
sandyclaus
Senior Member
Ok, so if the contractor fraudulently tricked you into signing the contract, then how do you propose to prove that?It turns out that I do have recourse after-all. One is able to "void a contract" in cases such as these: when the contract is "legally unconscionable", and the contractor "fraudulently" tricked the consumer into signing it.
Thanks for being the judge and jury in your answers here so far
You seem to be of sound mind, and not illiterate. How do you plan to prove that the contractor tricked you into signing the contract when you didn't even bother to read it? I'm sure had you taken the time to read it, you could have easily figured out that it didn't say what the contractor claimed it did, and avoided this whole situation altogether.
No, I really don't think anyone is going to fall for your excuse. Sorry, but your failure to pay attention to what you signed is what got you into this mess. And it doesn't look like you'll be getting out of it any time soon...
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