Trying to get refund from handyman

[pardesi75]

What is the name of your state?What is the name of your state? Virginia

I signed a contract with a handyman I found in the newspaper to do some work around my house (note: the ad listed the work he did, and included plumbing). The total was $625 plus materials. I called him the night before he was going to come and do the work and asked him to bring receipts for any parts which he had to purchase. He said he didn't have any. Then, when he was supposed to show up, he called and said he had a flat tire. Maybe he did. But, he didn't show up the first time he was supposed to come (to give the estimate), and was very late the second time. So, now I didn't believe him. Since it had been 2 days since I signed the contract, I thought I had the right to cancel the contract in 3 days. So, when he finally showed up, I gave him a letter stating I wanted to cancel the contract and asking for my deposit back. He said he would refund my money. Later, I learned I did not have the right to cancel such a contract. It's been about a month and he has not returned the money.

I called the Dept of Professional and Occupational Regulations office and they told me that he needed a tradesmans license for doing plumbing work (which I had in my contract). They did not find a license for him or his company name. They said I could file a complaint and it would start a criminal investigation.

Here are details of the contract: $625 plus materials, 50% paid up-front (yes, I know that was stupid), no license #, no address. The plumbing work listed in the contract was installing a new valve in the shower, new valve for toilet, and replacing a kitchen faucet.

What is the likelihood of me trying to recover my deposit in small claims court? I have hesitated in filing because I am concerned about my mistake of trying to cancel the contract. Also, if he is not licensed to do the work in the state, does that void the contract? Should I send him a certified letter asking for my money back again? I've called him a few times, and he said he mailed the check or he was going to look into it.

 

[HomeGuru]

What is the name of your state?What is the name of your state? Virginia

I signed a contract with a handyman I found in the newspaper to do some work around my house (note: the ad listed the work he did, and included plumbing). The total was $625 plus materials. I called him the night before he was going to come and do the work and asked him to bring receipts for any parts which he had to purchase. He said he didn't have any. Then, when he was supposed to show up, he called and said he had a flat tire. Maybe he did. But, he didn't show up the first time he was supposed to come (to give the estimate), and was very late the second time. So, now I didn't believe him. Since it had been 2 days since I signed the contract, I thought I had the right to cancel the contract in 3 days. So, when he finally showed up, I gave him a letter stating I wanted to cancel the contract and asking for my deposit back. He said he would refund my money. Later, I learned I did not have the right to cancel such a contract. It's been about a month and he has not returned the money.

I called the Dept of Professional and Occupational Regulations office and they told me that he needed a tradesmans license for doing plumbing work (which I had in my contract). They did not find a license for him or his company name. They said I could file a complaint and it would start a criminal investigation.

Here are details of the contract: $625 plus materials, 50% paid up-front (yes, I know that was stupid), no license #, no address. The plumbing work listed in the contract was installing a new valve in the shower, new valve for toilet, and replacing a kitchen faucet.

What is the likelihood of me trying to recover my deposit in small claims court? I have hesitated in filing because I am concerned about my mistake of trying to cancel the contract. Also, if he is not licensed to do the work in the state, does that void the contract? Should I send him a certified letter asking for my money back again? I've called him a few times, and he said he mailed the check or he was going to look into it.

**A: file anyway.

 

[man-o-man]

You stated earlier that you had no address for him, which says to me that you did not go to his place of business to purchace services ...... that is the only way that you would not be allowed a three day cancellation period.

So, you agreed to the contract, signing it in your home ...... provided the state laws in VA are the same as they are in CA .....
.... then you did have three days to cancel your contract.

When I had my license, I just held onto their check for three days until that period was over, made things much simpler if customers changed their minds.

 

[pardesi75]

Thanks for the replies. I called the Virginia Department of Professional and Occupational Regulation. They told me that in Virginia there is a Home Solicitation Act which allows a consumer to cancel a contract within 3 days. But, since I called him from an ad I saw in the newspaper, it was not a home solicitation. If he had left a flyer on my door and I called him, it would qualify. Not that it matters now, but when you cancel such a contract, they said that you are supposed to send it certified to the contractor. I gave him the letter in person when he showed up very late because I did not have an address for him.

I went to the county offices to find an address for him, but the address is not up to date. I called the newspaper where I saw his ad and they are going to try and get his current address. Then, I'll file a claim in Small Claims Court.

 

[HomeGuru]

You stated earlier that you had no address for him, which says to me that you did not go to his place of business to purchace services ...... that is the only way that you would not be allowed a three day cancellation period.

So, you agreed to the contract, signing it in your home ...... provided the state laws in VA are the same as they are in CA .....
.... then you did have three days to cancel your contract.

**A: please stop giving crap advice.