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Infolawyer, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 53569
Experience:  Licensed attorney helping individuals and businesses.
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I had a large vinyl privacy fence installed 7 yrs ago when

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I had a large vinyl privacy fence installed 7 yrs ago when I first moved in. Paid a lot to keep it maintence free and something my cats couldn't climb. The past yr or more I've notice the posts starting to rise in places-at least 8 right now. When I called the company that custom made the fence and installed it-they are out of business. I called another fence company and they want $200 per post to fix it. They said about the time mine was installed, they found the posts were too slick to stay in the cement and they started drilling holes into the bottom of the posts to help them stay cemented down. Mine didn't have the holes. This is getting pretty pricey for a fence that I paid $15K on to keep upkeep costs down? Any ideas would be appreciated.

INFOLAWYER : Hello and thank you for the question.
INFOLAWYER : You could seek compensation from the original company
INFOLAWYER : claiming defective installation/product
INFOLAWYER : you can negotiate for some credit or repair work
INFOLAWYER : the problem is that since it dates back 7 years
INFOLAWYER : a lawsuit would face a statute of limitations defense
INFOLAWYER : but you may complain to try to get a credit on account and repair done
INFOLAWYER : Alternatively, you would complain to the BBB and dept of consumer affairs.
INFOLAWYER : Third option is to seek repair work now from a third party as you are doing
INFOLAWYER : and seek with accountant to get deductions for costs.
INFOLAWYER : Is the answer clear?
Customer: Yes, but how would I get a hold of someone from the original company when they aren't there anymore-would that be through BBB?
INFOLAWYER : and the dept of consumer affairs
INFOLAWYER : is the company in business?
INFOLAWYER : if out of business
INFOLAWYER : and I see now they are
INFOLAWYER : from your question
INFOLAWYER : it would not be possible to pursue
INFOLAWYER : unless the company was not incorporated
INFOLAWYER : then you can pursue the owners
INFOLAWYER : if an organized business and closed, you wont be able to pursue them
Customer: So it sounds like I'm paying again for posts that should have lasted a very long time, correct, since the original company is out of business and I'm pretty sure it was incorporated.
INFOLAWYER : You can try to find the owners
INFOLAWYER : but to get to the owners you have to argue fraud
INFOLAWYER : and that corpration was a mere shell entity
INFOLAWYER : that is very hard to prove
INFOLAWYER : and especially given this goes back 7 years
INFOLAWYER : and has a statute of limitations defense
Customer: From what the other fence company said, it was just about the time mine was installed that companies were realizing there was a problem. If I'd designed them, I would have figured out the vinyl was too smooth if I knew how concrete worked-someone didn't test these things before they put them up. CRAP!
INFOLAWYER : You can try the BBB and consumer affairs
INFOLAWYER : nothing to lose
INFOLAWYER : but when company closes
INFOLAWYER : there is usually not much that can be done
INFOLAWYER : I am sorry
INFOLAWYER : No use spending time and money on lawyers if unlikely to recover
Customer: Thanks for the advice-now I know.
INFOLAWYER : Take care
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