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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Consumer Protection Law
Satisfied Customers: 18362
Experience:  B.A.; M.B.A.; J.D.
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Second opinion] - I am in the process of getting my

Customer Question

Second opinion] - 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: 4 months ago.
Category: Consumer Protection Law
Expert:  Phillips Esq. replied 4 months ago.

Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Expert:  Phillips Esq. replied 4 months ago.

I am sorry to read about your difficulties.

If they have indeed purchased the cus***** *****ner, unfortunately, you have to pay for it. However, if they continue to drag their feet on the project, you need to give them a written notice that you are terminating the contract due to their inability to uphold their end of the contract. You can also file complaint against them with the contracting Board and request for your money back.

If they do put a lien on the property, you can file lawsuit and ask that the lien be released and state the reasons for your request, just like you did on your post here.

Goodluck with your case,