QUESTION

is an email acceptance of a remodeling estimate considered to be a binding contract in the state of Virginia?

Asked on Jun 08th, 2012 on Construction Law - Virginia
More details to this question:
I had a local remodeling company come out to do an estimate for a bathroom redo--the owner worked up an estimate and sent it to me by email-I replied, accepting the offer--since that took place on April 30, 2012, (and there was a 30 day limit on the validity of the estimate--). I found the company on Angie''s List, everything was fine, until today, June 8, 2012, when I went back to Angie''s List and discovered that the company I was working with had acquired some serious disputes with 3 customers--I read said detailed disputes online and the owner''s reply--and then talked to the owner of the company--what he said was basically the same thing he wrote online to Angie''s List --I have not invested anything yet in payment or signed a formal contract on paper, have limited funds and am now very upset and quite frankly do not want this company to complete the job-- Can I cancel the job, will I be breaking a binding construction contract in the State of Virginia?
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1 ANSWER

Construction Law Attorney serving Virginia Beach, VA at Wolcott Rivers Gates, Attorneys at Law
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If they came to your home as part of the initial sales call, they are required by the Home Solicitation Sales Act to give you written notice that you have the right to cancel the contract within 3 days of the day you signed it. If they did not give you the required notice, you can cancel now, and any time before they give you the written notice of your right to cancel.  If they did give you notice, and you emailed a response accepting their offer, and did not timely cancel,  I is possible a court would say you have a contract.  However, since they did not yet begin the work, you do not owe them the full contract amount, and should be able to negotiate to get out of the contract by paying a release fee of a modest amount. Note that the right to cancel only applies where the sale is solicited at your home, so it does not apply when you go to a Company's location to negotiate a sale, such as a car dealer, or store.   This answer is given in accordance with the laws of Virginia, and is based on the facts that are recited, and assumptions which may or may not be accurate. Accordingly, this response may not be relied upon and may not be applicable in any other state. It should not be relied on as legal advice, as that would require a detailed analysis of all of the facts involved in a specific case, not just the limited facts presented in the question.
Answered on Jun 11th, 2012 at 2:09 PM

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