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Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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My question is about fraud. Below are edited excerpts of a

Customer Question

My question is about fraud. Below are edited excerpts of a complaint letter recently sent to a basement water proofing company in Ohio.:
All of our complaints are centered on statements and promises made by the 'second' salesman representing your firm as opposed to the reality of the final installation.
It was pointed out to him several times that there were numerous groups and varieties of plants and flowers that would need to be saved when digging was done around the south side of the house. Failure on this issue was not acceptable and a definite deal breaker for the home owner. Your representative sat next to her on the couch and in front of three additional witnesses promised, multiple times, that it was your company's apparent 'standard operating procedure' to replant any bulbs and root plants that were encountered.
The reality is that the work crew had no idea about their responsibility in this matter or even any knowledge about gardening in general. As a result many of the prized plants were buried and destroyed.
This issue wasn't just discussed once in passing as it was a major concern of the home owner from beginning to end and was brought up and pointed out numerous times while talking both inside and outside of the house.
Your salesman also promised there would be virtually no dust. While the jacketed vacuum device on the business end of the large electric jack hammer appeared fairly effective a lot of work was also done with smaller electric hammers that offered no protection and made absolute clouds of concrete dust.
There is a long planter on the eastern wall of the southern most room and when the salesman described where the trench would go under the built in cabinets we asked how that was possible considering the tiny clearance. He repeatedly assured us that your company was in possession of “special tools” to deal with that situation. The reality is that the face of the cabinet is now scratched and abraded in several places by one of the previously mentioned jack hammers and no promised magically small concrete cutting devices actually exist.
When the basement bathroom was surveyed and discussed your salesman assured us that your crew would simply tunnel under the shower and sink and connect to the north wall drain line behind the toilet with some more of your company's “special tools”. The on-site engineer stated that “We would have to rip out the shower and sink vanity if we wanted that section of floor trenched,” so, that did not happen.
The main recreation room was a spacious, finished living area adorned with antiques and memorabilia. The salesman said that the trench would only be a foot wide and that the workmen would make a nice even cut on the existing vinyl to make it easier to design a border on the floor. The reality is that the vinyl was mostly torn off in chunks to make the concrete patching level and the vinyl flooring will have to be cut back 2 feet or more for a border or more likely replace all the flooring.
We had to sign the original contract with the salesman, wait a few months and complete the entire installation before we were finally told that there was a $75.00 per year charge to maintain your, much bragged about, “transferable lifetime guarantee”.
Submitted: 11 months ago.
Category: Legal
Expert:  Ely replied 11 months ago.

Hello and welcome to JustAnswer. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Given the facts and the letter, what exactly are you asking? Whether the company can be liable for fraud - is that what you mean? Or, something else?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

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