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Dimitry Esquire
Dimitry Esquire, Attorney
Category: Consumer Protection Law
Satisfied Customers: 41221
Experience:  Licensed in PA & NJ, Experienced attorney.
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I hired a private adjuster that showed up at a fire at my house

Customer Question

I hired a private adjuster that showed up at a fire at my house to help process claim with state farm; a member of his staff who is a contractor approached my husband when I was not with him and had him sign a retainer- all along since 2013 to the beginning of 2015 I asked the adjuster for a copy he assured me and my husband his fee would be 10 percent of only the building portion of claim now he is trying to claim 10 percent of the entire claim even monies I received a month after he quit in a letter to me and my husband. HE DENIED THAT THE CONTRACTOR WAS A MENBER OF HIS STAFF FROM 10/13 UNTIL HE QUIT 2/8/2015 AND THEN HE DIVULGED THIS FACT IN HIS LETTER DEGRADING MY CHARACTER.
Submitted: 2 years ago.
Category: Consumer Protection Law
Customer: replied 2 years ago.
The contractor who asked for my husband's signature also denied he worked with the adjuster and destroyed some things in my house tried to impose contractor status on me without giving me a contract
Customer: replied 2 years ago.
My husband was confused when he signed and we were both stressed from the fire; this is why I verified a multitude of times that and he told us " I have no vested interest in your personal items"
Expert:  Dimitry Esquire replied 2 years ago.
Thank you for your post. Please permit me to assist you with your concerns.
Unfortunately what governs is not the oral agreement but the written terms. What does the contract state, if anything, as far as financial obligations or fees?
Customer: replied 2 years ago.
he has a line where something is crossed out then it states- and agrees to pay adjuster for such services a fee of 10% of the amount of loss including salvage when adjusted or otherwise recovered from insurance companies. Is he entitled to anything after the date he quit? Also let me explain salvaged items are not just mine they are mixed with my mothers. She is 92 and rents three rooms; we have been living together since 1983 our things are mixed I take care of her. It was impossible to say who's things were who's in the conditions of the fire. Most of the salvaged items were on the second floor where she lives and he counted many of her items as well because that is where the fire occurred.
Expert:  Dimitry Esquire replied 2 years ago.
Thank you for your follow-up.
In that case I am afraid that what governs is the contract. If the contract states 'amount of loss' recovered from insurance, then he is entitled to a flat 10%. Now as far as quitting, that is also based on contractual terms. If the contract states that by quitting he forgos his contingency, then you do not have to pay him anything, but if the contract is silent, then you have to pay him based on the terms. I wish I had better news but I have to be honest with my review.
Dimitry, Esq.

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