03/24/12, 7:07 pm
I signed a contract with a landscaper to do my patio for $15k, but I did not give him a security deposit yet. I found another landscaper I like even better. I tried to cancel the first contract but the landscaper refuses to allow me to cancel. What is the penalty? I was supposed to give a 20% deposit but I never did. Am I home clear?
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United States   |   New Jersey  |  Contracts
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Barry F. Gartenberg, Esq. Says:

Apr 15,2012 2:51 PM

Unless the contract provides for cancellation or you have legal justification, you may not unilaterally cancel a contract. The other party is entitled to be placed in the position he would have been were the contract performed... since no work was done as yet, most likely lost profits. Please feel free to contact me ASAP so that we may explore your options and protect your legal rights. 973-921-0600. Kindly note and remember that my response is merely a general comment on the law related to your question, and NOT legal advice or opinion. Also, your question and my response does NOT create an attorney-client relationship between us. You cannot rely upon what I have written, because I do not have all of the information that I need to advise you or render an opinion. Even simple facts you have not shared can completely change my answer. For me to give you legal advice or opinion, you would need to hire me to be your lawyer, and then we would need to discuss this in detail and go over the documents.

Barry F. Gartenberg, Esq.
Barry F. Gartenberg, L.L.C.
505 Morris Avenue – Suite 102,Springfield, NJ 07801

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