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If a contract is written with two different prices

Sent to Legal Experts October 18, 2007 9:27 a.m.

If a contract is written with two different prices quoted one in english spelled out and the other numerically stated...which figure is considered binding? Also if a payment is made by check is the contract considered fulfilled when the check posts to the account?

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camden, North Carolina

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Customer (name blocked for privacy)

Status: Closed Value: $45

Answer
October 18, 2007 9:37 a.m. (10 minutes and 23 seconds later)

ACCEPTED

Hi,

If there are two different quoted prices the contract would need to be renewed as it would be void as for the price. As for the check it would not be considered fulfilled until the check has cleared both banks.

Walter

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Reply
Sent October 18, 2007 9:45 a.m. (7 minutes and 18 seconds later)

I requested a copy of the agreement from the contractor and received a second copy which was identical to the first proposal in which I accepted the lesser amount and subsequently mailed a check which has been posted to my account. Am I legally protected and correct in assuming this contract is completed?

Customer (name blocked for privacy)

Reply
Sent October 18, 2007 9:49 a.m. (4 minutes and 0 seconds later)

note: the contracter is claiming a mistake was made on the contract.

Customer (name blocked for privacy)

Answer
October 18, 2007 9:49 a.m. (4 seconds later)

REPLIED

Hi,

No you are not correct, the contractor can come back and request the different amount from you. At that time you would have to explain why you feel the first lower amount was correct. If you are unable to come to a agreement the contractor would then have the right to take it to court to have a judge make a binding ruling on the subject.

If the judge awards the contractor then you will be required to pay that amount. In the end it is up to the judge to determine who is right.

Walter

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Reply to Walter
Sent October 18, 2007 10:04 a.m. (15 minutes and 13 seconds later)

Full story....I contracted HVAC job on new construction of my home...original contract was 14,000.00. Changes were made and new amount was $17,470.00. I was faxed a proposal which stated both prices with the last statement being....We hereby propose to install the system for fourteen thousand four hundred seventy dollars. I paid 8.470 after rough in. contracter failed to make agreed upon repairs and as of this date the repairs are not to my satisfaction. I sent a check in the amount of $5,990.00 and stated that I considered this to be payment in full. The check has posted to my account and now the contractor states there was a typo on the contract. What should I do?

Customer (name blocked for privacy)

Answer
October 18, 2007 10:09 a.m. (5 minutes and 3 seconds later)

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Walter -- Legal Consultant -- 100% Positive Feedback on 2558 Legal Accepts
Specializing in all aspects of law including Family, Real Estate, Employment and Consumer Protection

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