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Fence contractor took the deposit and won’t return phone call

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Cometg83

New member
What is the name of your state? California

Curious as too how legal and legitimate this proposal form is - I signed it on 1/23 and paid the deposit with a credit card. I planned on paying 1/3 on credit card and 2/3 with a cashiers check - my thought process was instead of just charging the card twice just charge me the 1/3. Well cut to today and after 3 voicemails and two texts he has disappeared. I plan on calling him one more time on Wednesday. If I don’t hear back from him by Friday im going to dispute the 3000 transaction. His response to the dispute I assume will be this form with my signature on it showing the credit card company I authorized the charge. Which of course I did but that was under the impression i would receive work, obviously. I feel like this trick may work on the card company considering the caliber of intelligence or lack there of that credit card companies hire for their out of country call centers. I also don’t want to give him a legitimate lawsuit by my disputing this transaction even though i signed it. Is this proposal form legitimate and professional enough to get me into court? https://flic.kr/p/2qJQm22
 


adjusterjack

Senior Member
I have been preaching for many years to anybody who will listen. NEVER pay a contract anything up front. Full stop.

That has been my practice for over 40 years.

I pay when the job is done or, if it's a large job, in stages, but always when that part of the work is done.

As for materials, if a contractor doesn't have credit with his suppliers, then he gives me a list, I order the materials, pay for them, and have them delivered to my home where they are stored behind a fence. If the contractor craps out, the materials are there for the next contractor. When concrete is needed, concrete companies deliver COD and I pay them on arrival when the workmen are already there.

If a contractor doesn't want to accept my terms, down the road he goes and I get somebody else.

I have had jobs done that way from a few thousand to a $35,000 garage building.

Is this proposal form legitimate and professional enough to get me into court?
Unfortunately, yes. The problem with that contract is that there is no starting date for the work. However, since the contract was signed two weeks ago that probably works in your favor.

I would still do the chargeback. That'll get him to respond to you.
 

Zigner

Senior Member, Non-Attorney
The OP paid 1/3 upfront, which isn't uncommon at all.

My problem is that the OP only signed the contract 7 business days ago. While I agree that it's unprofessional to not have responded to the OP, the OP also seems overzealous, IMO. I, personally, would give the contractor at least another week, if not two, before filing a chargeback.

@adjusterjack, the contract was only signed a little over 11 days ago (10 days at the time the OP first posted), not 2 weeks.
 

adjusterjack

Senior Member
I used the 1/20 date on the contract.

Yeah, another week could be OK depending on the deadline for requesting the chargeback. OP will have to look into that.
 

zddoodah

Active Member
Curious as too how legal and legitimate this proposal form is
Other than not being signed, it looks fine. However, section 7159.5(a)(3) of the California Business & Professions Code prohibits a home improvement contractor from charging a down payment that exceeds the lesser of 10% of the contract amount or $1,000.

If you ultimately dispute the charge, and if, for some reason, your credit card issuer determines the matter adverse to you, your best bet will be to make a claim against the contractor's license bond. You can look up that information at the CSLB's website: https://www2.cslb.ca.gov/OnlineServices/CheckLicenseII/CheckLicense.aspx
 

LdiJ

Senior Member
The OP paid 1/3 upfront, which isn't uncommon at all.

My problem is that the OP only signed the contract 7 business days ago. While I agree that it's unprofessional to not have responded to the OP, the OP also seems overzealous, IMO. I, personally, would give the contractor at least another week, if not two, before filing a chargeback.

@adjusterjack, the contract was only signed a little over 11 days ago (10 days at the time the OP first posted), not 2 weeks.

I would also like to point out that the contractor has to be at least somewhat credit worthy in order to accept credit cards for payment at all. They cannot be a fly by night operation. It is harder than you might think to get approved to accept credit cards.
 

adjusterjack

Senior Member
I would also like to point out that the contractor has to be at least somewhat credit worthy in order to accept credit cards for payment at all. They cannot be a fly by night operation. It is harder than you might think to get approved to accept credit cards.
There is also significant cost to any business owner who accepts credit cards.

It's rare to find a contractor that accepts them.
 

LdiJ

Senior Member
There is also significant cost to any business owner who accepts credit cards.

It's rare to find a contractor that accepts them.
That is a good point. I hadn't thought about that. So, you have a contractor who is both credit-worthy enough to get approved to accept credit cards plus is willing to pay the surcharge to accept them. Not exactly a high risk situation.
 

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