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LegalGems
LegalGems, Lawyer
Category: Consumer Protection Law
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My wife hade blinds installed at our house. Budget blinds

Customer Question

Hi there my wife hade blinds installed at our house . Budget blinds came out showed a few pictures and she was kind of talked into going forward and the representative picked out some blinds most are acceptable. When they came and was told by the sales person that visited our house that if she was unhappy they could remove the blinds. The day the installer came out, the timing wasn't good as my wife had to be elsewhere. She tried to get the installer to reschedule so she could be there to monitor, and she was reassured by yet another employee, that if she wasn't happy "no problem ,they could remove'.
So the day come and went and the rear blinds were poorly installed and look terrible. after attempting to contact Budget blinds, we ask for them to remove as we were told by two employees. We get a call back from the owner, quoting we are in violation of Oregon law... That my wife signed a contract, that all sales are final... which none of this was articulated this in any way. So to be clear, my wife originally contacted BUGET BLINDS ASKING FOR AN ESTIMATE ONLY. When the sales reprehensive arrived she did her part to close the deal, and talked her in to going forward with the sale. And the product was installed without her supervision, after she explained she wanted to be there. And all of this after two different employees, stated we could have them removed if we were dissatisfied. Nothing about all sales are final, Oregon law nothing...
My question is what legal standing do we have ?
Thank you sincerely,
Submitted: 5 months ago.
Category: Consumer Protection Law
Expert:  LegalGems replied 5 months ago.

I am sorry to hear this; can you tell me

The value of money being requested?

was a contract signed?

what was the time frame - ie from the date of the estimate, to the date of installation, to the request for removal?

Customer: replied 5 months ago.
I believe its just $900, she did sign. It was not explained as what she was signing.
3 weeks from estimate to install, the same day of the install. We told them the installer we were not happy. He said ok and took pictures and said he would take care of it.
Expert:  LegalGems replied 5 months ago.

OK; thank you - so for home contractors, the contract need not be in writing if the sale is less than $2000 (for home repair purposes), however, the seller must provide notice of the 3 day right to cancel for home solicitations ( the 3 day right to cancel is here: http://www.oregonlaws.org/ors/83.720) and that 3 day right to cancel is not effective until the written notice is provided, along with a written contract per the following statute: http://www.oregonlaws.org/ors/83.730

So to be clear, certain laws apply to home improvements; and certain laws apply to any home solicitation sale.

This does a good job explaining the home solicitation issue

This explains a home improvement issue.

https://www.oregon.gov/CCB/contractor/Pages/contracts.aspx

So when the home improvement seller is doing a home solicitation, the contract needs to be in writing, and the 3 day notice of cancellation must be given.

Failure to comply with these regulations typically result in the court finding against the contractor, precisely because their failure to comply with the requirement led to the ambiguity in the first place.

As such there are 2 possible causes of action:

1. breach of contract (oral or written):

An agreement must contain four essential elements to be regarded as a contract. If any one of them is missing, the agreement will not be legally binding.
1. Offer
2. Acceptance
3. Intention (meeting of the minds)
4. Consideration (fair value exchanged)

For breach of a contract, there is a material breach (goes to the very heart of the matter) and an immaterial breach (money damages will help compensate the plaintiff).

In cases of material breach, the party not in breach may revoke their acceptance, so goods/payment are returned.

For immaterial breach, the plaintiff is compensated by the defendant paying for the damages (ie cost of repair).

2. negligence: Negligence is defined as a failure to perform with the level of care that someone of ordinary prudence would have exercised under the same circumstances. The behavior usually consists of actions, but may consist of omissions when there is some duty to act. This cause of action has 5 elements: the existence of a legal duty to exercise reasonable care; a failure to exercise reasonable care; harm caused by the negligent conduct; physical harm of actual damages; and proximate cause (reasonably foreseeable damages).

So the alternatives are to send a demand letter, stating that the contractor must make satisfactory repairs in order to receive payment. Any third party professional opinions will be helpful, as would any emailed/written statements re: promises to repair (if applicable).

Or to hire a third party to repair the problem and deduct the cost from the amount owing, and pay the balance due.

Generally if one writes a good demand letter with documentation (pictures, summary of events) then the company will honor their work, as shoddy work often results in a judgment for plaintiff.

A complaint can be filed here:

http://www.oregon.gov/CCB/complaints/Pages/file-complaint.aspx - after the contractor is given 30 days notice via certified mail.

or a small claims action can be filed here:

http://courts.oregon.gov/Marion/Services/pages/smallclaimsindex.aspx

Further questions? Please post here to continue the chat.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  LegalGems replied 5 months ago.

I certainly hope the installer is able to remedy this for you with minimal litigation. Thank you for using JA and I hope this helps!

Customer: replied 5 months ago.
Question , I was able to speak the owner and wasn't really interested in talking she just threats to put a Lein on my house stayed that I am in coloration of a contract ?
Does she have any footing here ?
Expert:  LegalGems replied 5 months ago.

A contractor may file a lien if money is not paid but they must have provided the homeowner an Information Notice to Owner about Construction Liens. Also one can challenge a lien when the work was not done properly so it is not a blanket remedy for the contractor as there are safeguards for the homeowner.

https://www.oregon.gov/CCB/Documents/pdf/constructionlienspamplet.pdf

So a contractor that provides deficient work will not ultimately prevail if the homeowner challenges it.

I certainly hope that this is helpful - if so please rate Good, or Excellent so that I receive credit for researching this for you. Thank you.

Expert:  LegalGems replied 5 months ago.

Checking in on the above; hopefully a resolution has been reached.

Thank you for using JA!

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