Check out some similar questions!

phillyjared · Apr 3, 2007, 06:44 PM

I foolishly gave a $2000 deposit to a contractor before he started work, and after the 3 day cancellation period I realized how shady and unreliable the whole operation was (didnt show up for appointments, oversold their "showroom", multiple better business bureau claims popped up). I called the guy to see if we could cancel and get our deposit back and he said sure, just send us a letter stating that and we'll get you you're money back in about 10 days.

It is now been 2 weeks since the letter was delivered and they will not return our calls (I do get their secretary on the phone). Do I have a case in small claims court here in Virginia?

Thanks for any help!

Jared

RichardBondMan · Apr 3, 2007, 07:28 PM

Originally Posted by phillyjared

I foolishly gave a $2000 deposit to a contractor before he started work, and after the 3 day cancellation period I realized how shady and unreliable the whole operation was (didnt show up for appointments, oversold their "showroom", multiple better business bureau claims popped up). I called the guy to see if we could cancel and get our deposit back and he said sure, just send us a letter stating that and we'll get you you're money back in about 10 days.

It is now been 2 weeks since the letter was delivered and they will not return our calls (I do get their secretary on the phone). Do I have a case in small claims court here in Virginia??

Thanks for any help!!

Jared

What city and county was the work (or proposed work) located in ? If you can tell me, I will see if I can find if the contractor was required by city or county ordiance to post a license bond. If I can find that out for you, it will be up to you to ck with the city or county or state to see if the contractor actually posted such a bond. Most license bonds are just "code compliance" bonds and do not actually guarantee "performance' or "completion" of the contract but some do.

phillyjared · Apr 3, 2007, 08:08 PM

Originally Posted by RichardBondMan

What city and county was the work (or proposed work) located in ? If you can tell me, I will see if I can find if the contractor was required by city or county ordiance to post a license bond. If I can find that out for you, it will be up to you to ck with the city or county or state to see if the contractor actually posted such a bond. Most license bonds are just "code compliance" bonds and do not actually guarantee "performance' or "completion" of the contract but some do.

The work was supposed to take place in Herndon, Virginia which is in Fairfax County. Thanks for your help!

RichardBondMan · Apr 4, 2007, 06:05 AM

Let me Google it, I will post anything I find.

ScottGem · Apr 4, 2007, 06:11 AM

So all you have is a verbal agreement to refund the deposit? Did you read the contract? What does it say abount cancellation?

phillyjared · Apr 4, 2007, 02:43 PM

THe contract says we have 3 days to cancel to get our deposit back. But I don't think we would not have cancelled if he didn't say he didn't want unhappy customers and he would refund us the money. I questioned him on it as if to say "It's that easy?" and he said sure. Now he won't return any phone calls and the secretary at the company says he's never around.

excon · Apr 4, 2007, 07:12 PM

Hello philly:

You're instincts were right. You're going to have to sue this deadbeat.

excon

Universal Truth · Apr 4, 2007, 07:23 PM

Even if you could sue him, I think it's morally wrong for you to. You made a mistake. You knew the terms before handing over the money. It's YOUR fault you gave him the money. Had you tried for a refund while within the 3 day period the contractor allotted you, I would be all for sueing him. He did his part. From what you say, he followed through on his part of the deal- he gave you a 3 day period to back out. Sometimes they don't even give you that.

I've made stupid purchases in the past, but I don't go around suing people for it. I mean, you should see some of the crap I ordered for work. I have spent thousands of dollars on reagents and lab equipment that doesn't work, but it was my fault. I should have done more research before committing to the purchase. I'm currently wishing I wouldn't have bought that stupid 4 foot tall leg lamp from eBay, but I can't really sue them for making a crappy product can I?

I think you should just hold him to his contract, and let him carry out the work. You can always complain about the work later if he doesn't fulfill his end in that aspect.

What were you building anyway? I'm just curious.

ScottGem · Apr 5, 2007, 05:16 AM

Originally Posted by Universal Truth

Even if you could sue him, I think it's morally wrong for you to. You made a mistake. You knew the terms before handing over the money. It's YOUR fault you gave him the money. Had you tried for a refund while within the 3 day period the contractor allotted you, I would be all for sueing him. He did his part. From what you say, he followed through on his part of the deal- he gave you a 3 day period to back out. Sometimes they don't even give you that.

I have to somewhat agree with you. From what we were told, the decision to rescind was made based on external factors, not performance (except for missed appts). No chance was really given to let the contractor do what he contracted for.

RichardBondMan · Apr 5, 2007, 04:37 PM

Sorry I am late giving you info I promised, but you can click on this link to Fairfax Co Va and call to see if he was bonded, what laws he must abide by, what class license he had to have and even tel numbers to contact Fairfax Co. Also it looks like he had to have a state license and there's a link to click on and state tel numbers also. Although I agree you should almost never give money in advance of work being perfomed, I would check with the state and county and city to see if there was any license granted and any bonds posted that might help you. I didn't see any link for the City of Fairfax but I would call them too. The BBB's generally have no legal authority to assist you but the City, County or State might be able to assist you if he violated any laws. And the bond, if any was posted, is money for those that are left at the mercy of unscupulous or dishonest licensees.

carolh · Apr 7, 2007, 06:00 AM

Jared, Was this for home improvement or building a house? I'm assuming it is for home improvements. What was the total cost? If he overcharged you for the deposit, you would have a legal argument against him. In Maryland home improvement contractors can only charge a certain percent as a deposit. Some have tried to charge 50% & been put in jail for overcharging, not completing work, moving on to another job & then filing bankruptcy.