Read More About Dishonest Roofers
The aftermath of a hailstorm doesn’t always end when the clouds break.
Over the years, we have had a lot of experience talking with many homeowners who signed roofing contracts, but quickly regretted their hasty decision.
The reason for the buyer’s remorse is because after further research, the buyer discovers that the company they’re working with now sounds like a bad decision.
The contract with the “bad company” almost always contains a 15% to 20% cancellation fee and requires that the contract be cancelled within 72 hours in order to avoid the fee.
YOUR RIGHT OF RESCISSION
According to Colorado law, any roofing contract signed at a consumer’s home may be cancelled within 72 hours without any cancellation fee. This 72-hour right of rescission is supposed to be listed on every roofing contract; often times it’s not. If the homeowner is within the 72 hours, they should immediately send a cancellation letter and email to the roofing company. They should also contact the company by phone to let them know they’re canceling the contract.
According to Colorado law, there’s a number of other reasons that a consumer can cancel a roofing contract without paying cancellation fees. Click here to read more about the Colorado Roofing Law SB-12-038.
THE ISSUE WITH MONEY UP FRONT
The ability of a homeowner to get out of a contract after the 72-hour right of rescission period, without paying a cancellation fee, is determined by another external factor: whether or not the consumer paid the roofer money up front. If money has been paid up front, the homeowner is most likely stuck in the contract and unfortunately does not have very many options. On the other hand, if no money has been paid up front, we have some good advice about how the homeowner can get out of the bad contract.
3 STEPS TO GET OUT OF A BAD CONTRACT
- The consumer should call the roofing company and ask to speak to the owner or manager and nicely tell them they have changed their minds and would like to cancel the deal without paying a cancellation fee. If the company agrees, put it in writing and the homeowner is out of the deal.
- If the contractor refuses to cancel the deal, the homeowner should advise the contractor that they are going to hire an independent roof inspector. This inspector will inspect each and every detail of the roofing job. Then advise the contractor that they are going to be looking for perfection. Anything done wrong will be redone, and the contractor will have the independent inspector’s fee taken out of their pay.
- Finally, the homeowner should advise the contractor that after a very long and painful process to get every single detail right, the homeowner will take forever to pay.
SAMPLE LETTER FOR GETTING OUT OF A BAD CONTRACT
Either download the letter as a PDF, or copy and paste the letter into an email. Next, make your personal adjustments. Lastly, send it off to your current contractor.
John Smith 12345 Main Street, Springfield Co 81073 303-123-4567 DATE: 9/30/2020 RE: Roof Contract Cancellation Dear Roofing Contractor, I hereby notify you that I’m cancelling the contract we engaged in. After further consideration I’ve realized that I do not want you working on my property. I have also become aware of Colorado SB12-038, the Residential Roofing Consumer Bill of Rights. According to this Colorado Statute the contract you presented me to sign is in violation of the law and therefore invalid. Some of the specific items required by law that you failed to put in the contract are: 1. The scope of work and material to be used for the new roof 2. The cost to do the roofing job and approximate dates of when the roof will be installed 3. Your address, phone number, and insurance company information must be listed on the contract 4. My right to cancel the contract within 72 hours must be written on the contract 5. Notice that the contractor cannot pay, waive, or in any other way cover the consumer’s deductible if the roofing job is being paid from an insurance claim 6. Notice to the consumer that any money paid in advance will be held in a special trust account until the material is purchased 7. Notice to the consumer that if any part of the insurance claim is rescinded in whole or part by the insurance company that the consumer will have another 72-hour right of rescission to cancel the contract I will also advise you that if you try to force me to use your services, I’m going to be the pickiest most difficult customer you have ever had. I will hire an Independent Roof Inspector to inspect the job in progress, and that they will be looking for perfection. If the Independent Roof inspector finds anything wrong, you will have fix any problems and will have the Fee for the Independent Roof Inspector taken out of your pay. I will also be in touch with the City Inspector, and make sure they do not pass the roof if anything is found wrong by my Independent Inspector. Finally, after I make this long painful process for you, I’m going to take forever to pay. I look forward to your confirmation of the cancellation of this deal. John Smith 303-123-4567 1234 Main Street Springfield, CO 81073
Normally at this point even a bad contractor will know when to cut his losses, cancel the deal, and move on to easier targets.
Obviously the best way to avoid this difficult situation is to use a reputable contractor that does not play any of these games. If a homeowner uses a company like Excel Roofing, they will never experience any of these problems.
Excel lets customers out of the deal at any time and never charges cancellation fees. We do ask that the homeowner pay for the permit and any restock fees on materials.
Most importantly, we never ask for any money up front. With Excel Roofing, You Don’t Pay a Cent Until You Are Content!
