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LawTalk
LawTalk, Attorney
Category: Legal
Satisfied Customers: 37078
Experience:  I am a practicing attorney with more than 3 decades of experience in the legal field.
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What is the law on presenting yourself as a licensed contractor,

Customer Question

what is the law on presenting yourself as a licensed contractor, and not have a license of any kind, how do I go about getting this person arrested, for taking my money, and refusing to produce receipts, for merchandise
Submitted: 1 year ago.
Category: Legal
Expert:  LawTalk replied 1 year 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 Florida, it is a crime to represent yourself to a potential customer as a licensed contractor when you are not, and conviction of this crime can be for a misdemeanor or a felony. Even if the person is not sent to jail, the files for these crimes can reach to many thousands of dollars and often do. Section 489.127, Florida Statutes, provides as follows:(1) No person shall:(a) Falsely hold himself or herself or a business organization out as a licensee, certificate holder, or registrant;(b) Falsely impersonate a certificate holder or registrant;(c) Present as his or her own the certificate or registration of another;(d) Knowingly give false or forged evidence to the board or a member thereof;(e) Use or attempt to use a certificate or registration that has been suspended or revoked;(f) Engage in the business or act in the capacity of a contractor or advertise himself or herself or a business organization as available to engage in the business or act in the capacity of a contractor without being duly registered or certified;(g) Operate a business organization engaged in contracting after 60 days following the termination of its only qualifying agent without designating another primary qualifying agent, except as provided in ss. 489.119 and(###) ###-####(h) Commence or perform work for which a building permit is required pursuant to part IV of chapter 553 without such building permit being in effect; or(i) Willfully or deliberately disregard or violate any municipal or county ordinance relating to uncertified or unregistered contractors. You may file a complaint with the State of Florida and the state will investigate the crime and prosecute if they deem it appropriate. Here is a link to the complaint process as the contact information you need to file your complaint: https://www.myfloridalicense.com/complaintlist.asp?SID= As for the person's refusal to provide receipts, the state cannot help you get those receipts. However, you can sue the contractor for Breach of Contract as well as Fraud in the Inducement and seek damages relating to the work done as well as seek punitive damaged for the fraud perpetrated upon you. In the ;litigation process you may demand, and force the defendant to provide you with copies of the receipts related to the work they did for you. You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.Please remember to rate my service to you so that I can be compensated for helping you.I wish you and yours the best in 2015,Doug

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