Hi. We're planning on doing a home improvement project that's pretty big, with new bathrooms and a new addition. We got several quotes and while we were thinking about which one to go with one of the contractors came to our house because he said he had to take a couple more measurement. While he was there, he offered to take a few thousand off of his original quote and provided a new contract for us to sign. We liked the guy and decided to go ahead and sign the contract. This was on Wednesday evening. But when we checked a couple more of his references we found out that some of his customers said he was a bit slow with his work and that he left for a week and then came back. This is not a huge deal and we're not sure if we want to but doesn't the law in MA allow us to cancel a home improvement contract within a certain number of days? Thanks for your help.
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The Editor, Mark Bernardin, is an attorney living in MA. Please send your suggestions or comments to: TheEditor@malawforum.com
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The answers and information provided on this site are for informational purposes only and are NOT substitutes for professional legal advice. Before making legal decisions, you should discuss your specific circumstances with an attorney.
cancellation of home improvement contract
Yes, you are correct. As discussed in this post dealing with disputes with home improvement contractors, various sections of the Massachusetts General Laws (Chapter 93, Section 48; Chapter 255D, Section 14; and Chapter 140D, Section 10) provide a right to consumers to cancel a contract with a home improvement contractor within three days, provided the contract was signed in some location other than the the contractor's office or place of business. So, as in your case, where the contract was signed at your home, you would have the option of cancelling the contract. Hope that helps.
Re: Canceling a contract
Just to follow up on what the Editor has stated -
While you have a statutory right to cancel the contract within the timeframe outlined above, you may also cancel the contract at almost any time if you feel that you need to. Hardly any court will order specific permanence (i.e. make you pay and the contractor perform). The most you would be liable for if any economic damage suffered by a contractor if he can establish that he had to cancel a job because he thought he had a binding commitment with you. The contractor would have to establish Actual Damages unless their was a penalty clause in your contract (which you should always find and negotiate).
To reiterate - you should never feel compelled to complete a deal if you feel that something does not feel right. However, this does not mean reneging on an obligation because you find a better price.
Thank you and good luck. Keep us updated on any future developments!