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LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 25956
Experience:  10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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I gave a deposit (20%) of the estimate to a contractor in Fl

Customer Question

I gave a deposit (20%) of the estimate to a contractor in Fl who never did any work
and now refuses to return my money.
What laws did he violate?
Tom
Submitted: 1 year ago.
Category: Legal
Expert:  LegalKnowledge replied 1 year ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.
Good morning. Do you know why he refused to do any of the work? Just to be clear, he took the 20% and never contacted you or has refused to perform under the agreement ?
Customer: replied 1 year ago.
He was too busy, health problems with workers just excuses.... I gave him 9 months to do the job which was about a 4 day job.
Office of General counsel stating " the allegations either cannot be substantiated or disciplined within the parameters of Chapter 489 Statues."
see from Title XXXII Chapter 489.126 (1) , (2) (a), (b)
How can a contractor steal money from a homeowner 9 I can prove with a cancel check), fail to do any work and still not prevail???
Tom Fitzgerald
Customer: replied 1 year ago.
I never received any contract documents, ( must be another Chapter 489 violation).
I have emails that the he has the money, so the money paid as a deposit, is not in dispute.
I have emails to back up everything I state here. These documents were given to the FL investigator, who referred it to General Counsel with the crux of their finding above in quotations.
After
Customer: replied 1 year ago.
Are you still there?
Expert:  LegalKnowledge replied 1 year ago.
Thank you. Based upon what you described, certainly makes it puzzling that the State refused to take any action against him and his license. However, it does not mean you are without remedies and causes of action. I say this because the statute does allow him to be charged with a theft crime and I have provided the link below, which cites that, from 489.126. As such, you can first try and contact the police and file a report or speak with the State Attorneys office and ask them to look into this. Now, from a civil standpoint there is a breach of contract claim and other civil damages which would allow you to recover, possible up to 3 times the amount. As such, you can file a civil suit as well or if the State prosecutes, rely on them to recover your money, if you desire to not sue on your own. In 489.126 there are requirements which must be done, so make sure you comply and then you can try and have him charged criminally or sue him civilly to recover. http://www.flsenate.gov/Laws/Statutes/2012/812.014
Customer: replied 1 year ago.
can you call me(###) ###-####
Expert:  LegalKnowledge replied 1 year ago.
I am sorry but I am unable to at this time. I am happy to answer whatever questions you may have though in the chat.
Customer: replied 1 year ago.
ok your company provided me that option is why I made that suggestion.
Expert:  LegalKnowledge replied 1 year ago.
Not a problem. We can still chat online, so please let me know what else I can answer for you, as I am happy to provide you with the necessary information
Customer: replied 1 year ago.
I do have a call out to the Office of General Counsel.
I will send a certified letter as stipulated 489.126 (1) (c).
thank you,
Tom
Expert:  LegalKnowledge replied 1 year ago.
You are welcome. Please let me know if there is anything else, as I would be happy to respond. If not, please rate my help at this time, so I can receive the proper credit. Thank you.
Customer: replied 1 year ago.
I will do.
Thank you again.
Tom
Expert:  LegalKnowledge replied 1 year ago.
Tom, you are welcome and best of luck.