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Infolawyer
Infolawyer, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 6678
Experience:  Licensed attorney helping individuals and businesses.
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I am in the process of getting my brother's house restored.

Customer Question

Hi, I am in the process of getting my brother's house restored. He has alzheimers and I am his conservator and guardinan He has a pool in total disrepair. I contacted a pool repair company and on Sept 21, paid them a 3950 deposit on the work. They were going to purchase a liner and get supplies to repair floor of pool. It has been 6 weeks with nothing more than broken promises and excuses as to why the work hasn't started. I've lost confidence in them and want to get a refund and move on. They claim they purchased the cus***** *****ner. I offered to take the liner and pay them what they paid for it. They are saying I have to pay them the marked up price. They have threatened to put a lien on the house if i try to get a refund from the credit card company. My question is ..., 1. am I obligated to pay for the liner they ordered?
JA: What state is this in? And just to clarify, when was the purchase made?
Customer: Kansas I don't know when the purchase was made. My guess is very recently, I think they used my money for other purposes and waited all this time to even order the liner. I asked for a copy of the invoice
JA: Has anything been filed or reported?
Customer: I called the credit card company to stop the charge and they opened a ticket on it and asked that I send all docs. I did not sign a real contract only a quickbooks invoice that isn't even in my name.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Can I send you a copy of the invoice that the originally sent me.
Submitted: 3 months ago.
Category: Consumer Protection Law
Expert:  LawTalk replied 3 months ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. Are you a court appointed conservator and guardian?

2. Did you sign the invoice as yourself, or a legal guardian and conservator?

Doug

Customer: replied 3 months ago.
I am court appointed for both conservator and guardian. The invoice was in the son-in-law name and I asked them to put in my name but they did not, although they did charge my credit card. I am attaching a copy of the original invoice that was done in July which the son-in-law did not show me until Sept. At that time I contacted the company and agreed to have them do the work, the took half of the initial cost out of my credit card on the 21st of September. I stressed that I needed to complete ASAP before the weather got bad and so I could get the house on the market. All they ever did was put a pump at the house to pump out the existing water, they left it there for 6 weeks and never even came to check on it.
Expert:  LawTalk replied 3 months ago.

Hi,

There appears to be a problem with your call request. Please contact out customer service at(###) ###-####and they can take care of the issue.

Doug

Customer: replied 3 months ago.
Ok, don't know why I can't do phone call. I tried to reprocess and not sure how to complete. I received a fraud alert from my card company and I told them it was OK. Lets just do via typing thanks,
Customer: replied 3 months ago.
They customer service person told me it would be an additional charge to have a phone conversation
Customer: replied 3 months ago.
Hi, are you still there?
Expert:  LawTalk replied 3 months ago.

You are dealing with your brother, a son-in-law, the court order of guardianship, a third party agreement that may or may not be a contract and a threatened lien issue. After a review of your additional facts, it seems that your situation is just too complex to try and get all the facts in writing, and a phone call is the only realistic way that I can help you given reasonable time constraints, If you are not willing to pay the additional for the call then I will opt out.

Doug

Customer: replied 3 months ago.
Ok, thanks
Expert:  attyadvisor replied 3 months ago.

I am a different Attorney and it will be my pleasure to assist you.

I am a little confused.

Is this company refusing to complete the job?

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