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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11649
Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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I signed a contract in May for a business to buy and install

Resolved Question:

I signed a contract in May for a business to buy and install a pool liner for me. the pool liner was wrong and the liner had wrinkles all around the perimeter. The installer was aware of these issues and stated he would give me $100.00 off the liner(this was verbal) and would come back and fix the wrinkles. This has not happened. Now 2 months later I receive a bill for the balance but the pool is not completed. He also has chgd me $150.00 extra because he said he has been out three times to collect payment and I would not answer the door(not true). He said he could do this because I live in a different county, I do not. After receiving the bill (which was put on my front door by the way)I emailed him with specifics about the problems and how he had not resolved them. He stated he would come out Monday and remove the liner and refund my $300.00. I told him if he stepped on my property I would have him arrested for trespassing. He is now emailing me calling me white trash, a horrible horrible person and other names. What legally can I do? I live in NC
Submitted: 1 year ago.
Category: Legal
Expert:  Andrea, Esq. replied 1 year ago.

Hi, My name is XXXXX XXXXX my goal is to provide you with Excellent Service,

 

 

Please tell me what end result you would like to see so that I can tell you what steps to take,

 

 

Customer: replied 1 year ago.

I really don't want the liner taken out. It was the wrong liner and it is not correctly installed--no leaks or tears, just wrinkled which is ugly and difficult to clean. The fact that he is billing me now without finishing the job and calling me names is very upsetting. Would it help for me to send you our emails?

I am willing to pay the amount minus the $100.00 he verbally stated he would give off. but not the full amount.

Expert:  Andrea, Esq. replied 1 year ago.

Hi, Cindy,

 

 

Actually, reading the emails in which he is calling you names would not help because although it is totally unprofessional, callous and boorish, we cannot sue anybody for calling us names.

 

If you want to keep the pool liner, you will have to deal with him coming to fix it and then paying him.

 

If you want the pool liner removed, you will only have to deal with him once - when he comes over to take out the pool liner.

 

The decision is totally up to you. If I were in your position, I would not reward him for calling me names. I would tell him to come and take his liner out and I would buy a pool liner from another company, even if it cost me more. I would never give anyone the satisfaction of calling me all kinds of names and then handing over my hard earned money to him. If anything were to happen with the liner in the future, I would again have to be dealing with him, and who knows what kind of service he would give me in the future, so I would rather cut my ties with him now. But that's just me.

 

You have to make the final decision if it is worth it to continue to deal with him, knowing that you cannot sue him for name calling,

 

I realize that this is not exactly the Answer you were hoping for and it would have given me great pleasure to give you the Answer you wanted to hear, but I have an ethical obligation to you to give you only correct Answers and information, so I am respectfully asking that you not hold the law applicable to your situation against me,

____________________________________________________________________________

 

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you,

 

Bonus and Positive Feedback on survey is very much appreciated,

 

Customer: replied 1 year ago.

If I review his business on my Facebook page can he do anything legally? He also has a FB page.


 

Expert:  Andrea, Esq. replied 1 year ago.

Hi, Cindy, thank you for your follow up question,

 

Anybody can say anything about another person without any liability as long as what the person is saying about the other person is true because "Truth" is always a defense to any action for slander, libel, and in general defamation of character. If you said on Facebook exactly what happened and exactly all the names he called you, he cannot do anything to you,

 

______________________________________________________________________

 

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you,

 

Bonus and Positive Feedback on survey is very much appreciated,

 

ANDREA

 

 

Customer: replied 1 year ago.

just one more question please. I do not want to be at my house when he comes to get the liner. I live alone and would not feel safe with him here. There is no one on a Monday that I could ask to be at my home with me but I do of course want to make sure I get my money back. What would you suggest I do?

Expert:  Andrea, Esq. replied 1 year ago.

Hi, Cindy,

 

I do not blame you for not wanting to be at home when he comes. But before you do anything, you should write to him and tell him that you have decided that he can remove the pool liner and demand a full refund. This way, you will both be on the same page. You want the liner out and he knows he is going to come to your house to remove the pool liner. Tell him that you want to arrange for a mutually convenient time for him to remove the liner and to refund your money. If you want this exchange to happen simultaneously, you are going to have to have someone there, preferably a man, so that he will think twice before starting anything, including any name calling.

 

You will have to have someone there because you do not want to tell him to leave a check in your mailbox or anything like that,

 

____________________________________________________________________

 

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you,

 

Bonus and Positive Feedback on survey is very much appreciated,

 

ANDREA

 

 

Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11649
Experience: 25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
Andrea, Esq. and 3 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Thank you so much for your help! I will email him to come get his liner and that I expect a full refund. I will ask a neighbor to come over that afternoon to be with me. Hopefully Mr Wammack will be agreeable to this though I doubt it.

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