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Tina, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 33167
Experience:  17 years legal experience including consumer protection law.
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I contracred a landcape company on 23 May giving him a $6,000

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I contracred a landcape company on 23 May giving him a $6,000 deposit. The work was to start 30 days from this date ( could be delayed by 3 weeks depending on weather). I have contacted the company each month, June 19, Jul 30) and feel I'm getting a run around. On 19 Jun was told, my project would be next in line. During the week on 22 Jul, the electric, water, and cable companies marked my ward for digging. Called company on 30 Jul and again given no specific date as to when my project was to start. It is now 60 days. What are my legal rights to request a refund?

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

Does your agreement with the contractor indicate when the would start or finish?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 4 years ago.

No. Just a verbal of 30 days from the date I signed contract. Looking now the contract is quite vague.

I see. Thank you for clarifying that, Mamie.

Your case would normally be stronger if there were dates the services were to be provided, but since it has been more than 2 months and still no work has been done, that would typically be beyond any reasonable amount of time you should have to wait.

I would argue the contractor has breached the contract at this point, providing you with the right to terminate the agreement and demand a full refund.

If they do not agree to this, then I would send a certified letter demanding the refund to them and file a complaint with the BBB and state licensing authority if they are a licensed contractor.

Suit may be necessary in small claims court if the matter is not resolved through the BBB or state agency. Or you could retain a local attorney to pursue legal action against them.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!


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