• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Carpet Ride

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

D

diggerlil

Guest
texas. i purchased carpet from America's Carpet Gallery for my bedroom. the proposal i set up with the store manager stated i would receive an exclusive 10 year warranty (which subsequently made this particular carpet more expensive). the warranty would be honored by his store or directly with the manufacuter.
he requested i pay half upfront and the rest upon installation which i did. however, i realized that after the installers left i had no warranty or documentation on my purchased carpet other than the proposal.
the next two days i attempted to call the manager and no answer. two days after that, he called me to say the store went out of business and if i still wanted to carpet my living room he would see if he could work a deal with a dallas store. i reminded him i had no written warranty or documentation and he replied that he didn't know what to tell me other than maybe he could work a deal with this dallas manager. i told him i was stopping payment of my check with my bank. he concurred this is what i should do until i received what i payed for.
several days later a woman by name of rosemary calls and says i owe her $428 for final payment. i informed her of my wishes to receive what i payed for. she sent out a warranty and generic receipt however the papers stated that it was for carpet installed in my living room and not the bedroom. her next phone call to me was to verify if i recieved the paperwork. i said yes but it wasn't correct and that i wanted it to be accurate. she stated that it didn't matter what room was on the registration form...that i needed to send her my check asap or she would place a lien on my house. i told her to go ahead...that i was willing to pay even though i never did business with her or dealt with her before, but that i wanted what i agreed to pay for. can she do this and what exactly does it mean to place a lien on my house. how can i fight to get what i payed for?


 


ALawyer

Senior Member
A merchant who delivers goods to a home that are used to improve it can file a mechanic's or materialmen's lien on the house to protect itself against loss. (The theory is the provider of goods and services should no get stuck if the goods are used to increase the value and the property owner sells the proerty and gets the duble benefit of not paying the provider and profiting on the sale.

If a lien is put on the property if you were to try to sell the house in the next few months or a year of maybe more (depending on state law) there would be a cloud on the title, and no buyer would take title unless it was paid off.

Depending on the state the firm putting the lien on may have to move to foreclose within a few months or years or lose out.

Get in touch with the owner of the store and try to straighten this out before it escalates. And ask the Better Business Bureau too.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top