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Hugh

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Hugh6824

Junior Member
California
We purchased a sun room from a company based in Nevada. The contract stated that $20,000 of the approx. $24,000 had to paid in advance because the room is "custom-made."It took three months to deliver, and what was delivered (we have no way of knowing if it is all there) is still sitting outside waiting for their contractor to assemble it and attach it to the house. It has been over 4 months, and we have been lied to several times about the contractor being delayed (in a phone conversation with the company pres., he said the rep. had been "soft-shoeing" us, and that they had to find another contractor..which they supposedly had done). In 5 subsequent calls to the rep., he keeps saying, "Didn't they call you?" We told him he was ultimately responsible for the installation of the room, to which he agreed, but still no call from a contractor. The contract states that no refunds may be given unless a form is mailed within three days of the original deposit. Although we didn't like it, nor did we like advancing the money, their explanation of "custom building" made some sense. What we'd like to know is this:
can we force them to come and get whatever they delivered and give us our money back?
Are they in violation of a verbal contract to complete the final product promised? What's our recourse? We already complained to the Better Business Bureau, and are getting ready to call the cops. The company pres. goes back and forth to Canada constantly, and his rep. is a pilot. We feel like real suckers. Thanks.
 


divgradcurl

Senior Member
can we force them to come and get whatever they delivered and give us our money back?
Probably not.

Are they in violation of a verbal contract to complete the final product promised? What's our recourse?
Probably the cheapest way out of this is to hire someone else to install the sun room for you, then sue the company for the cost to complete the contract.
 

tranquility

Senior Member
Before hiring another contractor, send a certified (return receipt) letter to the original contractor telling him your plan and giving them a reasonable time to cure. (Because of the delay, a reasonable time may be short here.) Then you can get someone else to complete the contract and sue the original for the amount less what you owe on the contract.
 

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