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CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10221
Experience:  Civil litigation attorney for individuals and businesses.
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Called to set up an appointment. Man came, put on a wonderful

Customer Question

called to set up an appointment. Man came, put on a wonderful product demonstration on how the Enviroview windows are the best, ***** ***** nitrogen/argon in the glass, polycarbonate frame, 12 times coated glass, self healing frames, how this company only makes 1 model, just to name a few. So we put 900 down, and we signed a contract for Madcity windows to install 12 Enviroview windows. Fast forward to yesterday 5/11/2016 the windows were installed, well sort of. Probally the worst job we've ever seen, so we took many pictures and complained. As we were taking pictures of the shady work we started to look closer at the windows an noticed the windows were branded Alside, not Enviroview. So this morning I called the company and got the run around about how they have other company's make there windows for them some times that I have nothing to worrie about. the problem is I do worrie. my contract says I paid for a premium window and now I have another brand, without the features the pamphlet shows me I was getting. I feel as though they are in the wrong. my contract, the pamphlet, receipt, and warranty card all say Enviroview, but my windows don't say it anyware. We never signed the finished paperwork, because we don't believe this is right, we also put a hold on the funds being transferd until they come back. most of the winds are hard to open, mouldings are crooked and need to be fixed. They took all the stickers off of the windows, but we manged to grab one before they got to it. the windows are vinyl not polycarbonate, just argon filled not argon/nitrogen mixed, Alslide brand not Enviroview brand, dbl glazed not 12 time glazed among others. what were wondering is if its considered a breach of contract? Do we have any options? Thank You for your time.
Tim and Leslie
Submitted: 5 months ago.
Category: Legal
Expert:  CalAttorney2 replied 5 months ago.
Dear Customer,This sounds like a "bait and switch" and is a form of fraud.I would recommend starting by contacting another reputable window company to come out and give you a professional opinion regarding the windows that were installed (if you end up going to court you are going to need an expert in any event, but having someone tell you whether or not you got the right windows is going to go a long way towards indicating whether you need to pursue a fraud claim or if this is something that can be resolved with the company as a negligence/poor workmanship issue).You have a couple of remedies here.You can sue the company for breach of contract and fraud, and get a money judgment against them. (small claims will allow you to claim up to $10,000.00 - see: for larger claims you will need to sue in general civil court).You can (should) report them to the State Attorney General - (the Attorney General does not prosecute individual claims (so they won't get your money back) but they do investigate fraudulent and unfair business practices, and take administrative and criminal enforcement action - so you reporting this bad business can stop them from taking advantage of others).

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