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Consumer rights/ Non-execution of contract

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phinfan

Junior Member
What is the name of your state? NY

My mother-in-law entered into a contract with a home improvement company that had a small outlet in the mall that she has her part-time job in. She entered into the contract in late july 2007 for the installation of some french doors, and a small deck added to the back of her house. The doors were supposed to be in around september 2007 with the installation shortly after that.

She did not hear from them, and when ever she called them they would never call back. She would go down to the little outlet store and get similiar results. She is an overly nice woman that never yells or seems to get mad. My wife, and I did not know of the problem until she called my wife crying a few weeks ago.

I called the numbers she had with no results, and their home office now looks abbandoned, and then we learned they no longer had the outlet in the mall, just as we planned to go to mall management.

Her mother has now contacted the attorney generals office, but we just found out that the outlet is back in the mall with a slightly different name, and the same guy working there.

My question, finally, is would I be able to go to the outlet, and demand my mother-in-law's money refunded, and maybe warn others that this place is not one to do business with??
What would my rights be--please??:confused::confused:What is the name of your state?
 


JETX

Senior Member
My question, finally, is would I be able to go to the outlet, and demand my mother-in-law's money refunded, and maybe warn others that this place is not one to do business with??
You can do anything you want as long as you don't break the law.

What would my rights be
You mean your rights as to your mother-in-law's contract, you have none.

Suggest your mother-in-law write a very nice letter (certified RRR) to the company she contracted with (not the 'new' company) including the following:
1) Ask for a schedule for the work to be completed.
2) Ask for a current status of the materials ordered.
3) That if they fail to contact her within 5 business days from receipt, they will be considered in breach of the contract.

Finally, if they do in fact breach, she needs to file a lawsuit against the company that she contracted with. Likely she will find out that the business is no longer 'in business'... and that would be another bridge to cross at the time.
 

phinfan

Junior Member
I appreciate the reply, but I am not sure what not breaking the law would entail. Would I be able to warn people of their reputation, and what happened in my case by their outlet?
 

JETX

Senior Member
I appreciate the reply, but I am not sure what not breaking the law would entail.
And without knowing EXACTLY what you are planning on doing, we can't tell you if it would be a violation of the law. For example, if you were to walk up to the guy in the kiosk and hit him in your anger, that would be illegal. If you planned on putting up a sign listing your grievances next to his kiosk, that could be illegal if told to remove and you refuse.
Simple answer is... you could do anything you want that is NOT illegal.

Would I be able to warn people of their reputation
Depends on how you plan to 'warn' them (see above) and the specifics of the 'warning'.

and what happened in my case by their outlet?
Problem here is... from your own post, it would appear that the current kiosk is NOT the same party involved in your dispute ("the outlet is back in the mall with a slightly different name"). If that is the case, your saying ANYTHING about that 'new' company could very likely be defamation.
 

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