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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Consumer Protection Law
Satisfied Customers: 12957
Experience:  B.A.; M.B.A.; J.D.
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Sears is doing remodeling of two bathrooms in my home. Sears

Resolved Question:

Sears is doing remodeling of two bathrooms in my home. Sears has honored a completion certificate that I was duped into signing; however, I did indicate on this form that the completed work was for the Guest Bath Room. There was still some work in the Master Bath left to do, most notably the installation of a vanity, which was ordered in July, but I still have not received this vanity and the contract covers installation of new vanity with new vanity top, faucets, etc. I have the vanity top; it is sitting in my living room right now. And Sears has been paid for the entire project.

What recourse do I have. I don't understand how the completion certificate can be valid if part of the merchandize under the contract has not yet arrive.

They have been paid under false information. Please help
Submitted: 11 months ago.
Category: Consumer Protection Law
Expert:  Phillips Esq. replied 11 months ago.
Hello: This is PhillipsEsq. I am a licensed Attorney and I will be assisting you today.

Have you contacted Sears about your concerns?
Customer: replied 11 months ago.

Oh my, yes.....I last saw my contractor (Hermes Rodriguez) on 8/9, was told by him the vanity should be here 2 -3 weeks.


 


At first I thought the problem was in the delay, delay, delay of the missing merchandize. However, I am realizing that it really is about a much bigger problem - the completion certificate and how it was handled.


On Aug 10 Sears employee, Isabel Valverde, (who is the contact person between the contractors and Sears (and also the wife of Hermes Rodriguez, my contractor) called and asked to come to my home....I was duped into signing the completion certificate., which I feel was not only illegal, but fraudulent, or intent to defraud getting my money when she knew the contract was not complete and could not be completed until the receipt of the Vanity (receipt of which I still have not received) all of which is covered under Contract 15648167 and the Contract Change Authorization under contract 15648167,


 


Sears has certainly not done anything to rectify this this situation except to stonewall me.


 


I think Sears has have some questionable people working for them. But I also feel they don't care as long as the money comes in. You cannot believe the process one goes through to get to anyone. I truly feel that is indeed intentional.....wards off complaints.


 


My contract is with Sears, Contract 15648167, dated June 10, 2013, totalling over $15,000 (including initial deposit, with a contract change authorization to the same contract no. dated July 12, 2013 for an additional $2006.01. This has all been paid to Sears.


 


The only person that both Capital One and I feel really gives a hoot is a lady in the Florida 'Quality' office, Bette Tirado (e-mail address is XXXXX@XXXXXX.XXX or telephone


1 XXX-XXX-XXXX.


 


 


Aug 20, Sears apparently honored the signed certificate, even though the person who pressured me into signing was well aware of the missing merchandize. She is the wife of the contractor who was doing the work and knew very well the contract was NOTcomplete. More than $12,000 was charged to my capital one credit card. on this date.


 


After Aug 21 my calls were not answered, calls were not returned. At this point I started my long journey to find out who in sears could help me. What a nightmare! I did talk to a couple of people, but with no tangible results. My Salesman being one and Tulie Winson in the Warehouse at Richmond., VA. Tulie is not a customer service oriented person.


 


Aug 26 Sears filed the contract as completed.


 


Capital One has been very supportive and just having them on the phone is much, much, better than me trying to even find out anything, let alone solve anything,


 


I feel scamed by Sears. I am very disappointed.


I think there may be duplications in this reply....sorry, I am upset.....Thanks, XXXXX XXXXX(NNN) NNN-NNNN/p>

Expert:  Phillips Esq. replied 11 months ago.

Thank you for the detailed information Donna. There is no need for an apology. I quite understand your frustrations. Unfortunately with Sears, the only thing that seems to work is litigation—taking them to Court. Once the lawsuit is filed, they would settle because it would be cost prohibitive for them to hire a big law firm to defend the case.

You should never have been given the Certificate of Completion to sign when the contractor knows quite well that the work has not been finished eventhough the outstanding work was listed on the Certificate. The listing of the outstanding work does not make up for the fraud in having you sign that the work was complete when it is not. The Certificate of Completion is just that, a certification that the job has been completed. So, this is definitely an unfair and deceptive act and practice for Sears or its contractor to get a consumer to sign Certificate of Completion when the contractor knows full well that the job has not been completed.

You can file complaint with the Better Business Bureau (“BBB”) and the Attorney General’s Office (“AG”). However the filings would mostly be for record keeping purposes. BBB does not really have any enforcement power except to try to get the parties to settle. The Attorney General's Office does not represent private individuals. They only litigate in the public interest. The complaint with AG’s Office is entered into the database and if a pattern develops, then the AG might file lawsuit against the company.

Click on the links below to file complaint with

BBB

Virginia Attorney General’s Office

You should also obtain the services of a local consumer Attorney to send a demand letter to Sears and if necessary file lawsuit against Sears for this unfair and deceptive act and practice. Most consumer Attorneys would take a case on contingent fee basis. This means that the Attorneys may not charge upfront for their fees and would only get paid if they win the cases for the consumers. Even then most Courts award Attorney fees to prevailing consumers. So, you may not have to pay out of pocket to obtain a consumer Attorney to sue Sears for unfair and deceptive act and practice to force Sears to address the issue of Certificate of Complete and the outstanding work left on the contract.

You can use the following sites to find local consumer Attorneys:



naca.net



justia.com


lawyers.com

Let me know if you need anything else.

Phillips Esq., Attorney-at-Law
Satisfied Customers: 12957
Experience: B.A.; M.B.A.; J.D.
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