I paid in full for a tombstone for my Dad**************.

[fjdubbs34]

I paid in full for a tombstone for my Dad back in March. The owner went through some complications and as of yesterday (September) I called it still isn't done yet (no time frame listed on contract) and he couldn't even locate the invoice to reference the sale. What is my course of action , I live in Massachusetts. Thanks.

 

[Zigner]

I paid in full for a tombstone for my Dad back in March. The owner went through some complications and as of yesterday (September) I called it still isn't done yet (no time frame listed on contract) and he couldn't even locate the invoice to reference the sale. What is my course of action , I live in Massachusetts. Thanks.

What course of action would you like to take? Do you want to get your money back? Do you want to just get the tombstone done and installed?
I would say you need to communicate more with the vendor about this matter...you should probably do it in writing (not email, not phone calls).

ETA: From my understanding, 3-6 months for a tombstone is not out of the ordinary.

 

[xylene]

ETA: From my understanding, 3-6 months for a tombstone is not out of the ordinary.

After "complications" and a claimed missing invoice, I would be seeking my money back immediately at this point.

 

[Zigner]

After "complications" and a claimed missing invoice, I would be seeking my money back immediately at this point.

I agree. That is a valid position to take. However, it's up to the OP whether or not s/he wants to give the vendor "x" amount of additional time. I wouldn't. You wouldn't. But s/he might.

 

[adjusterjack]

he couldn't even locate the invoice to reference the sale.

Where is your copy of the invoice?

 

[xylene]

I agree. That is a valid position to take. However, it's up to the OP whether or not s/he wants to give the vendor "x" amount of additional time. I wouldn't. You wouldn't. But s/he might.

At this point the company hasn't performed and is outside of any reasonable time frame for doing so.

The company admits to problems and is demonstrably incompetent in losing the invoice.

Waiting 'til the they possibly go out of business and no refund of the monies paid is possible is not an equivalent prospect to seeking a refund now.

 

[Zigner]

At this point the company hasn't performed and is outside of any reasonable time frame for doing so.

The company admits to problems and is demonstrably incompetent in losing the invoice.

Waiting 'til the they possibly go out of business and no refund of the monies paid is possible is not an equivalent prospect to seeking a refund now.

Preachin' to the choir

 

[Dandy Don]

How much money are we talking about here? Something you might wish to pursue in small claims court?

Do some research on your own about this company. Check the website for the Massachusetts Secretary of State to see if the business is registered to do business in your state. Check the county courthouse records for your county online to see if there have been any court cases filed previously against this company. See what their record is with the Better Business Bureau.

 

[HRZ]

Often the law favors giving other side a window to cure it ...so I might put in a solid written demand that it be completed in xx days with a specified final date , and send it twice ....I don't know anything about tombstones but I've been to a stone/marble fabrication shop where custom milling and carving and polishing was done ....and I just bet they could produce a quality rather fancy tombstone in 48 hours if they were so inclined ..and the guy selling tombstones a few miles away was actually having some of his fabricated in a foreign country....

 

[Mass_Shyster]

I paid in full for a tombstone for my Dad back in March. The owner went through some complications and as of yesterday (September) I called it still isn't done yet (no time frame listed on contract) and he couldn't even locate the invoice to reference the sale. What is my course of action , I live in Massachusetts. Thanks.

Send a demand letter complying with MGL Chapter 93A - The consumer protection statute. Give him a specific date to perform by. If he does not perform by that date, you can take him to court (Probably small claims - it has a $7,000 limit), and sue him.

Chapter 93A provides for legal fees, so you may want to find an attorney to take the case.

Check the Attorney General's website for a sample 93A demand letter. If you don't do it properly, you may end up waiving some rights.