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Infolawyer
Infolawyer, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 6595
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: 29 days ago.
Category: Consumer Protection Law
Expert:  LawTalk replied 29 days 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 29 days 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 29 days 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 29 days 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 29 days ago.
They customer service person told me it would be an additional charge to have a phone conversation
Customer: replied 29 days ago.
Hi, are you still there?
Expert:  LawTalk replied 29 days 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 29 days ago.
Ok, thanks
Expert:  attyadvisor replied 25 days 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?