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home remodeling problems

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shells_0143

Junior Member
What is the name of your state (only U.S. law)? wisconsin
Talked to Brandi at W.O.W. two times before having her come to our home & pick what we wanted. She would talk to her boss, Carl, & he would continue to advise against what we wanted & what we should do. Finally compromised & got what he suggested. This happened several times with different products. Set up delivery & install for week of Jul 27-31. Gave them a check for a downpayment of $6600. They showed up Mon 27 thru Wed 29. On Mon my fiance Mike looked at sticker on large picture window that was installed & noticed they were not what we ordered. We contacted Brandi and told her of the problem. She said she would contact Carl. He called that evening & said, "This is the first time I ever screwed up, i'm so sorry. The paperwork says triple pane krypton gas but i messed up & ordered double pane argon gas. BUT what i did do for you was add extra layers of solar coating to make up the difference in the two types of windows..." giving us the impression that he knew the order was wrong before they put the windows in the house. He said we could order the correct windows again & wait 6 weeks until they came in, or just keep what we got & he would credit the cost difference of $1678. We decided to stick with what we had because we were told it was about the same energy efficiency rating. We were handed a handwritten final bill from Brandi at our house on Wed that stated our final amt due minus credit for the mistake was $4722. We sent the check & they cashed it shortly after. We then got a new bill in the mail stating they had charged us wrong & we still owed them $1644. We feel he pulled a "bait and switch". A mere apology does not compensate for all the problems or issues we have delt with & given the circumstances do not feel we owe them any more money.
I reported the issue to the Better Business Bureau. They contacted the company and waited a month and a half until the company responded and said they still wanted their money. The BBB closed the issue with an unsatisfactory record for the company.
Today we received another bill from the company saying they want their money. Do we have a leg to stand on if they take us to small claims court? Or should we just pay the bill and let it go? My understanding from family and the BBB is that the verbal and written final bill they gave us, as well as cashing the check we mailed them for that amount, is considered final and closes the contract we had with them. Can they turn around after all that and say "opps! we charged you wrong, you still owe us $$$" ??
any help would be great. thanksWhat is the name of your state (only U.S. law)?
 



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