Defrauded by a large Home Improvement Company

[robertsj]

What is the name of your state?What is the name of your state?What is the name of your state?Maryland
I entered into a contract with and Home Improvement Company to get 6 replacement windows for my home at a cost of $4,089. Never having to replace windows before, I was not aware of any fraud in the contract. However, the sales person came to my home and brought with him white windows. My home required dark brown windows. The salesman looked at my windows and assured me that he could deliver windows to match.

On April 4, 2005 I accepted an appointment with the Improvement Company to have the windows installed. When the installers got to my home, the windows that they brought was beige, not dark brown. They proceeded to tell me that they would paint the windows to match my existing windows, and I refused, indicating that I had contracted to purchase dark brown windows to match my other 7 windows in my home. I did not sign a contract for painted vinyl windows........

The company sued me for $4,089 plus cost of court and the cost of their lawyer. At the time I had a lawyer, he said even though they were lying, they got me because they said that beige was their shade of brown and the contract only said brown.

I cannot allow these people to put painted $4,089 vinyl windows in my home and perhaps next 2 years have to paint them. I am not getting any younger and I will be retiring soon, since I am 63 years old now.

When I told my lawyer that I wanted to Appeal the judges discission, he told me they were my windows and I should go along and accept what they were offering... I ask him if he would accept those windows to be put in his home?
He just laughed......

I would llike to Appeal this, because the company has defrauded me from the beginning. 1st when they wrote the contract without stating that they would match my existing windows. 2nd because they lied about my telling them that I could not afford them, and the judge believing them and not me.

Do I stand a prayer? Or is this another case of get the black woman at any cost?

Should I appeal? I have 30 days from 30 June 2005 to file an Appeal.

Defrauded

 

[JETX]

Do I stand a prayer?

In my opinion... no.

1st when they wrote the contract without stating that they would match my existing windows. 2nd because they lied about my telling them that I could not afford them, and the judge believing them and not me.

Part of the problem is.... you have not been defrauded at all. Simply, you got what your contract (presumably) states (brown framed windows). The fact that you 'assumed' certain colors or certain materials and they were not delivered that way is not fraud.
Does the contract say ANYTHING about matching your existing colors??
Does the contract say ANYTHING about the materials of the frames??
If yes, to either, what EXACTLY does it say??

I would llike to Appeal this, because the company has defrauded me from the beginning.

If this was a small claims court, you can appeal to the Circuit Court for any reason. If it was already in the Circuit Court, your appeal would have to be on a legal fact that the lower court failed to follow.

Or is this another case of get the black woman at any cost?

From your post, it sounds like you have no claim against them, no matter if you were blue, red, yellow or orange.

 

[HomeGuru]

In my opinion... no.



From your post, it sounds like you have no claim against them, no matter if you were blue, read, yellow or orange.

**A: too funny........is read a primary color?

 

[JETX]

In my opinion... no.



From your post, it sounds like you have no claim against them, no matter if you were blue, read, yellow or orange.

**A: too funny........is read a primary color?

HUH?? What the heck are you talking about??