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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46207
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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If someone accepts a builders estimate on the phone do they

Customer Question

If someone accepts a builders estimate on the phone do they have the right to change their mind the next day and not accept it.
Submitted: 8 months ago.
Category: Law
Expert:  Ben Jones replied 8 months ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 8 months ago.

Are you facing any issues in relation to this?

Customer: replied 8 months ago.
No haven't done it yet
Customer: replied 8 months ago.
No
Expert:  Ben Jones replied 8 months ago.

OK, thank you for your response. I will review the relevant information and laws and will get back to you in a short while. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your questions to the back of the queue and you may experience unnecessary delays. Thank you.

Expert:  Ben Jones replied 8 months ago.

Many thanks for your patience. A legally binding contract can be reached over the phone, just in the same way it would have been created had it been done in writing. Generally the law requires an offer and an acceptance for a binding agreement to come into place so if the builder had offered you price for the works and you accepted it, be it on the phone or in person, a contract would likely be formed.

However, a consumer’s rights in this situation are mainly determined by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. These Regulations apply to contracts for sales conducted on the trader’s business premises, off the trader’s premises (e.g. at the consumer’s home) and at a distance (e.g. over the phone). In some circumstances these will give you the right to a cancellation period and you could rely on these regulations to cancel a contract even if it was originally binding between you and the other side.

This is your basic legal position. I have more detailed advice for you in terms of the cancellation periods and rules, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46207
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and 2 other Law Specialists are ready to help you
Customer: replied 8 months ago.
Do I have the right to a. Cancellation period in my circumstances. I did accept their quotation over the phone, but in a subsequent email they changed the quotation in a way that I had already told them was not acceptable.
Expert:  Ben Jones replied 8 months ago.

Thank you. First of all, assuming you are a consumer (private individual, rather than a business), under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you have the right to cancel the services within 14 days of entering into the contract. This is on the assumption that the services had not yet started.

Secondly, if the terms of the contract have changed compared to what was initially agreed you can argue that this is a change of contract and cannot happen without your agreement. If no such agreement can be reached you should be able to cancel as the contract is no longer the one you had agreed at the outset.

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