Retraction after accepting a work estimate?
Summary:
1 . Supply and demand meet
2 . What is the right of withdrawal?
3 . What are the possible costs?
4 . What are the legal remedies in the event of disputes?
When considering work in your home or business, it is common to ask for quotes from several companies in order to compare prices and services offered. After selecting a quote and accepting it, you may find yourself in a situation where you want to retract. But what are your rights in this case? Here's what you need to know about retraction after accepting a quote for work.
The meeting of supply and demand
A quote for work that has been accepted and signed by the customer represents a contractual value. It is theoretically impossible for each of the parties to replace it. Conditions such as a deposit or the deposit previously paid may cause the validity of the commitment to be deferred.
It is possible to terminate the execution of the work if a deposit has been paid, agreeing in return to lose the latter.
However, it is impossible to withdraw if a deposit has been paid, the contract is considered final and firm. Otherwise, in case of withdrawal, the professional will be entitled to claim as damages the total amount appearing on the quote.
What is the right of withdrawal?
The right of withdrawal is a right granted to consumers in certain types of commercial transactions, allowing them to cancel a contract without giving any particular reason within a specified period of time after it has been concluded. This right is intended to protect consumers by providing them with a cooling-off period to cancel a purchase or contract if they wish, without incurring excessive financial penalties.
The right of withdrawal is often associated with contracts concluded at a distance or away from business premises, such as online, mail order or telephone purchases.
In many countries, this right is regulated by law and includes specific periods, usually 14 days from receipt of the goods or conclusion of the contract, during which the consumer can exercise his right of withdrawal.
In the case of renovation or construction work, the right of withdrawal is generally limited. Unlike other types of contracts concluded at a distance or away from the company's premises, works contracts are often excluded from the right of withdrawal provided for by law.
However, there are exceptions to this rule. If you signed the quote as part of a remote process or outside the company's premises, you could benefit from a withdrawal period of 14 days from the signing of the contract, in accordance with the legal provisions on distance selling.
It is therefore essential to carefully check the terms of the contract and make sure you understand any cancellation fees before making a decision to withdraw.
In some cases, it is possible to negotiate with the company to reduce or waive these fees, especially if the withdrawal is motivated by special circumstances or legitimate reasons.
As a first step, it is recommended to try to resolve the dispute amicably by talking directly with the company. A satisfactory solution can often be found through dialogue and the search for mutual compromise.
If direct negotiation fails, a mediation process can be used to try to resolve the dispute informally and confidentially. A neutral mediator can help the parties reach an agreement that is acceptable to all.
If mediation fails to resolve the dispute, an arbitration process can be used where a neutral third party considers the arguments of both parties and renders a binding decision. This solution is often faster and less expensive than traditional court proceedings.
As a last resort, if none of the previous methods result in a satisfactory resolution, the consumer may consider taking legal action against the company. A lawyer specializing in consumer law may be consulted for legal advice and to take the necessary steps before the competent courts.
- The right of withdrawal after accepting a quote for work is often limited, unlike other types of commercial transactions. It's important to know the specific terms that apply to your contract.
- In case of withdrawal, cancellation fees may be applied depending on the terms of the contract or local law. It is crucial to check these conditions before making a decision.
- In the event of a dispute, several legal remedies are possible, such as amicable negotiation, mediation, arbitration, or legal action. The choice of remedy will depend on the nature of the dispute and the preferences of the parties involved.
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Posted on 21/10/2021 by
Andy LECUYER
