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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 89392
Experience:  Attorney experienced in commercial litigation.
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I am concerned that I may be the victim of fraud

Resolved Question:

Details:


Bought a gas dryer online from Home Depot; paid for installation $89


Upon delivery, informed they don't install gas dryers in this county, so they didn't - just left the dryer, and so could not haul off the old one.


Chatted online with a representative, and was told the installation fee would be refunded. It hasn't showed up in my account.


Called the local store and played phone tag; the first associate said I would have to have it installed.


Found a plumber to come in and install the dryer. First estimate was $375; second estimate $200.


Went to the store and spoke with the store manager. She said she would give me $200 for all of this.


Got a call yesterday saying a check was waiting for me at the store and I could come pick it up. It's now $220 to cover any taxes.


1. Paid for installation - they don't install.


2. Installation fee not refunded


3. Manager offers me this amount of money which all together, IF the initial installation fee is refunded (which she said the $200 is not part of), will actually about pay for the dryer. 


 


Don't know whether to pursue this as a legal matter of misrepresentation - who else might be being taken due to nondisclosure of what the company cannot do.


 

Submitted: 11 months ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

This would be considered a breach of contract, since they failed to perform what they contracted with you to perform. They are liable to reimburse you for the money you paid for installation. If the manager is offering to pay for installation, they are offering to settle the breach of contract.

As far as misrepresentation, if the company they sent was not licensed in your county to install, that would have made it illegal for them to do and if you file a complaint with the Attorney General's Office of Consumer Protection, if the store proves they paid you for the installation then the AG will find the matter has been settled. Furthermore, they still did deliver the drier to you and if they are giving you the $200 for installation, or $220, then you are still getting the drier for what you agreed to pay. To go to court over this, because it is breach of contract, the only damages you could get would be actual damages, no other damages and again, they are paying you for the installation as you said they have a check ready for you for that purpose and as such they are making good on the deal they made with you.



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Customer: replied 11 months ago.

Paul,


 


Thank you for such an articulate answer: succinct and clear, especially for those of us who are not readily conversant in legal parlance. This indeed provides closure for me for this transaction, not to mention some clean and dry clothes! :) Many thanks, XXXXX XXXXX Do take care, and should I have any further questions with regard to any legal matters, I hope you are on "duty." Best to you. Timothy

Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your response.

Please do not hesitate to ask for me anytime you have any other legal questions.

Please do not forget to leave excellent service feedback. Thank you again.
Law Educator, Esq., Lawyer
Satisfied Customers: 89392
Experience: Attorney experienced in commercial litigation.
Law Educator, Esq. and 3 other Consumer Protection Law Specialists are ready to help you

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