QUESTION

help with a contractor

Asked on Nov 20th, 2012 on Contracts - Ohio
More details to this question:
How can i get my down payment back from a contractor?
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2 ANSWERS

The first question is, "are you entitled to get your down payment back?"  Did you just change your mind?  Did the contractor make promises that he or she didn't keep? You don't say what kind of agreement you had with this contractor or if it is in writing.  Where it was signed, your house or their office could also make a big difference.  You may have other ways of terminating your agreement and being entitled to your money back.  Ohio has the Consumer Sales Practices Act and the Home Solicitation Sales Act to protect consumers, but the subject of the transaction has to be primarily for household purposes.  As an example, the acts may apply if you are having the kitchen in your residence remodeled, but would not apply if you were having the same remodeling work done in a rental property you are renting to others.   One other possibility is that your contractor could file a counter suit against you for breaching the contract by not letting them perform (many see a good offense as the best defense). You need to talk to an attorney who does this kind of work to help you understand your contract and your issues.  Your attorney may be able to negotiate with the contractor to get your money back.  If that is not successful, you may need to file a lawsuit.  You COULD do this on your own, but usually you are better off hiring an attorney to handle your case, especially if the amount is more than $3,000 (small claims limit). If you down payment was $3,000 or less you could file in small claims, but if the contractor files a counterclaim in excess of that amount the case could be removed to the general division of the local municipal court or the common pleas court.
Answered on Nov 30th, 2012 at 12:46 PM

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Litigation Attorney serving Greenwich, CT
Partner at Hilary B. Miller
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You and sue to recover money owed you. Your inquiry does not set forth facts showing that you are entitled to a recovery, but "lawsuit" is the simple answer to your question.
Answered on Nov 21st, 2012 at 10:29 AM

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