Q: What is my legal obligation to a year old contract I signed with a gutter company.
My son signed a contract with Magic Window company to have gutters put on his house last year, May 2023. There was no date set for installation and no work has been done. The sales person did not contact them again until this month. The contract had a 3 day cooling off period. My son is now being threatened that he will have to have to have the gutters installed and/or pay the entire amount of the the quote of over 11,000. He did put a deposit down of $2,500. A now expired permit was pulled last year by the company for $240. The salesman is now threatening to take him to court for the money.
A: Let them. Did the contract indicate a start date? Arguably, pulling a permit is an indication the company intended to start. But what would explain the year-long delay beyond that? I think the deposit may be lost unless there is a showing of your son attempting to contact the company about starting. But other than that, I think a judge may not see this in the company's favor for the whole amount.
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