Published on October 4th, 2015 | by Grant Barnard1
Can I Cancel A Contract With A Contractor in Indiana?
Canceling a contract with a contractor is a touchy subject for both the homeowner and the contractor. For the contractor home improvement is all business and for the homeowner its a very personal process. There are many rumors as to why a customer can or cannot cancel a contract in Indiana. Generally if the agreement happens in your home and is on your personal property then you should be fine with cancelling. Grants Painting is a painting contractor in Indianapolis and always allows customers to cancel any project. We are not in the business of forcing our painting services on anybody. Grants Painting can be reached at 317-800-4540. Please remember when reading this that we are not giving legal advise but merely providing this resource to our readers.
Grace Period For Cancelling A Contract
The grace period for cancelling a contract in the great state of Indiana is generally on the third day at midnight. However, you must know that SATURDAYS count in most circumstances.
When dealing with emergency services such as any contractor securing your home after a natural disaster. This could include a contractor doing emergency repairs after a large storm. However, roofing contractors are known to deliver the new shingles and then threaten to charge the customer for the materials. This is extremely dishonest and there are laws to protect against this activity. IC 24-5-10-12
IC 24-5-5-1 Refusal to accept merchandise; gift to receiver Sec. 1. Where unsolicited merchandise is delivered to a person for whom it is intended such person has a right to refuse to accept delivery of this merchandise or he may deem it to be a gift and use it or dispose of it in any manner without any obligation to the sender.(Formerly: Acts 1967, c.55, s.1.)
Return policy plays a part too. If the supplier of the service has a return policy that allows returns, this then applies to services too.
If you are informed that a certain repair will not be covered by an insurance policy you may cancel by midnight of the third business day that you received such notice from the insurance company.
How To Cancel A Contract With A Contractor
Cancelling a contractor should be very easy. Generally you will need only to call them and explain your circumstances and then after an adult conversation all should be good. That’s not always the case though. Some contractors are nasty and you’ll find this out when you try to cancel! The law clearly states that the notice should be mailed. Email is not listed as acceptable or not. Incorreclyt addressed will also get you in a ringer. So my advise is this… Send your cancellation notice with ALL pertinent information to all email addresses know to you at the company. Then send a certified letter to all known addresses of the company. Make the phone call too so your contractor is not busy incurring costs and buying materials for your job. This will keep the whole situation much more clear and easier for both parties to walk away from unscathed.
What Happens After I Cancel With My Contractor
After you cancel with your contractor you they should return payments within 10 day and you should return any materials that they delivered. However, you should consider IC 24-5-5-1(above) if the contractor delivered unsolicited materials to you in hopes of locking you into the job. If materials have already been purchased and are not returnable the customer should purchase these goods from the contractor if they plan on using them or having another contractor supply the same goods.
For a great list of red flags, here is a great article from the state of Indiana on avoiding construction scams.
If you were mislead as to a products performance or true cost you cannot cancel the contract after the grace period but you can sue. Read This Article From NCJRS And This Article About Deceptive Practices