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Old 09-06-2009, 08:52 AM
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Join Date: Sep 2009
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Dealing with a carpet store that has closed


What is the name of your state (only U.S. law)? Missouri

I am a small residential building contractor. Recently just comleted a new home and sold it. In the process I was dealing with a floor covering business. I had went to their store and picked out samples of tile, hardwood, and carpet with my customer. The store owner said he would get back to me with some prices and see about availability. The next day he called me to say he couldn't find the tile in the size we wanted but another size is available. I told him that this would probably work but would need to check with my customer. Another day goes by, haven't heard anything back. I get a call from one of my friends, "Did you hear that the carpet store has closed?" He said he had tried to call them and received no answer and so he drove to the store to find the doors locked with a "closed for business" sign in the window.

Next thing that happened was the guy that was going to install the tile came by my job telling me that the owner of the store had told him he was quitting the business and didn't want anything more to do with it. The installer told me that he would help me get the job finished and would try to get the list of floor covering choices from the owner. To make a long story short, the installer was able to do all the legwork and pick up the materials to complete the job. I paid the installer for all his work and the materials he purchased, except for the tile and supplies which He charged to the store (the closed store) account.

Two months go by and I don't hear from anyone. Then the store owner calls me demanding payment for the tile. I told him that I was concerned with him being out of business and whether or not he would pay his supplier. I finally decided to go directly to his supplier and pay them, fearing that if they didn't get paid, I would have to pay the bill twice. The next day, after I had paid the bill, he called me demanding that I pay him his profit on the tile, which amounted to $600.00 or so. I told him I don't think I owe him anything, since he closed his business and we had to handle everything ourselves.

What do you think? He is threatening me with a mechanics lien on the house..

Last edited by collinc; 09-07-2009 at 08:20 AM.
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