KNOW YOUR RIGHTS #9

How Should I Handle A Bad Home Repair Deal?

Helen Field owned a big, old farmhouse.  One day, a clean cut young man she had never met before came to Helen’s door. He said he could replace all her rotten, wooden clapboards with vinyl siding for just $5,000—if she gave him the money up front. Before she knew it, he convinced her to write a check for $5,000. He said he would be back the next day to start the job, but he hasn’t come yet. It’s been two days. She thinks she may have made a big mistake.

Can I get out of a home repair deal before the work starts?

Yes. When someone you didn’t contact first calls you or comes to your home offering to do work on your house, the law gives you 3 days to cancel the deal. In fact, the law says that the contractor can’t even start the job until the 3 days have passed.

You have to act quickly. Here’s what you need to do within 3 days to cancel the deal:

Step 1 Write a letter to the contractor, and tell him you want to cancel the deal immediately. Be sure to date the letter.

Step 2 Make a copy for your records.

Step 3 Send or hand-deliver your letter to the contractor. Be sure to write the date you sent it on your copy.

If you do this within 3 days, the contractor must refund your money in full. If you want help writing the letter or getting your money back, call Legal Services for the Elderly right away.

If the contractor shows up to start the work after you send the letter, tell him you changed your mind. If he won’t leave, call the police.

I signed an agreement with a contractor to do some work on my house. But, he hasn’t started the work on time. What can I do?

If it’s been more than a few days since the date the contractor agreed to start the work, you can cancel the agreement. You must do this in writing. Follow steps 1-3 on the first page.

If you paid the contractor in advance, he must refund your money after you send him a letter telling him you want to cancel. If the contractor doesn’t return your money, call us. A free lawyer will give you advice about what to do next.

What if the contractor does a bad job or he only does part of what he agreed to do?

Call us for advice right away. Don’t pay the contractor any money until you talk with a lawyer. It’s hard to get the money back after you’ve paid.

Here’s how you can protect yourself from being "had":

• Know the people you hire. If someone calls or just shows up at your house and offers to do some work, they may be trying to take advantage of you.

• Don’t pay a lot of money up front.

• Get any deal in writing! Include these things in the written agreement:

1. Contractor’s name and address

2. Description of work they will do and the materials they’ll use

3. Date when they’ll start the job and an estimate of when they’ll finish

4. Total price and what it includes

• If the contractor refuses to give you a written agreement, don’t do business with them.

• Make sure there are no blank spaces left on the paper that you sign. If there are, the contractor may add things you didn’t agree to.

Call the Maine Attorney General’s Office at 207-626-8800 if you’ve been "had" by a door-to-door contractor. Your call could prevent this from happening to other people. If you’re 60 or older, call Legal Services for the Elderly for free legal advice.

[Know Your Rights] [News]  [Links]  [Home]  [Education Materials]