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New thread for questions to any desktop lawyers or people who want to give two legal cents.
All names have been changed to protect the innocent...
Earlier this year I had some work done on my house. My insurance was paying for it minus a deductible. They cut me a check directly and allowed me to hire and pay the contractor on my own. I hired a big box home improvement store to do the work in February. I asked the sales guy if I could pay half up front and half upon completion. He told me this was the only type of job they would allow that on and agreed. I signed the contract and paid half of the balance.
Once the job was completed the sales guy calls me to ask about the progress and I tell him they're done. He let's me know he'll follow up with me after handling the final paperwork. That was in May.
Two weeks ago I started following up and went through these motions:
1. Called the store (the office that did the work) to see if I still owed a balance and was told no, the contract is closed so nothing is due. I verified this twice. I asked for a copy but they told me corporate would have to provide that.
2. Called the sales guy and left a message asking about any balance owed. In hindsight this was my mistake
3. Called the corporate office and was told the same thing that the store said. They went on to say the store would have to provide a copy if I needed it.
4. I went into the store and to the office where the sales guys/gals work. They showed me it was all closed out and gave me copies of the invoices where they paid the subcontractor. They also provided the waiver of lein and let me take screenshots of their system showing it was completed.
However, nothing shows a 0 balance. Their system just doesn't show balances, only the total for the work. After two weeks I get a call from the sales office telling me the guy who did the sale talked to the manager and 'upon investigation' says I owe the other half so I can just go in and pay. I haven't called them back yet since I'm busy this week. I plan on calling them back and playing dumb but I took a look at the contract and noticed it has a line item on it that prevents either me or the store from going to court. We have to do arbitration. I also saw a section that states the money due is paid in full at the execution of the contract.
So from an evidence point it all points in my favor. If this were a few hundred I'd just pay it but we're talking over 7 grand so part of me wants to try and hang onto it. Thoughts?
All names have been changed to protect the innocent...
Earlier this year I had some work done on my house. My insurance was paying for it minus a deductible. They cut me a check directly and allowed me to hire and pay the contractor on my own. I hired a big box home improvement store to do the work in February. I asked the sales guy if I could pay half up front and half upon completion. He told me this was the only type of job they would allow that on and agreed. I signed the contract and paid half of the balance.
Once the job was completed the sales guy calls me to ask about the progress and I tell him they're done. He let's me know he'll follow up with me after handling the final paperwork. That was in May.
Two weeks ago I started following up and went through these motions:
1. Called the store (the office that did the work) to see if I still owed a balance and was told no, the contract is closed so nothing is due. I verified this twice. I asked for a copy but they told me corporate would have to provide that.
2. Called the sales guy and left a message asking about any balance owed. In hindsight this was my mistake
3. Called the corporate office and was told the same thing that the store said. They went on to say the store would have to provide a copy if I needed it.
4. I went into the store and to the office where the sales guys/gals work. They showed me it was all closed out and gave me copies of the invoices where they paid the subcontractor. They also provided the waiver of lein and let me take screenshots of their system showing it was completed.
However, nothing shows a 0 balance. Their system just doesn't show balances, only the total for the work. After two weeks I get a call from the sales office telling me the guy who did the sale talked to the manager and 'upon investigation' says I owe the other half so I can just go in and pay. I haven't called them back yet since I'm busy this week. I plan on calling them back and playing dumb but I took a look at the contract and noticed it has a line item on it that prevents either me or the store from going to court. We have to do arbitration. I also saw a section that states the money due is paid in full at the execution of the contract.
So from an evidence point it all points in my favor. If this were a few hundred I'd just pay it but we're talking over 7 grand so part of me wants to try and hang onto it. Thoughts?
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