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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 118723
Experience:  Attorney experienced in commercial litigation.
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I arranged with Loews to have hard floors placed. They came

Customer Question

I arranged with Loews to have hard wood floors placed. They came today, removed the carpet, determined they can't place the floors due to the nature of my floor and left. If they did not advise me of that risk in writing ahead of time can I legally hold them libel for resolving this? I threw away the furniture and painted that room to go with the floors. They say the only option is carpet which I had and must now replace. Any role for legal involvement?
JA: Because laws vary from place to place, can you tell me what state you're in?
Customer: Texas
JA: Has anything been filed or reported?
Customer: No this just happened. I spoke to the loew's installation manager who said my seller should have advised me. I asked for a copy of the contract. She is going to her office to look for it.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No, I think that is it
Submitted: 5 months ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If you read through the contracts you have with the company, there will be a clause in there about unforeseen circumstances (things that would not be known until the carpet was removed) and if there is an impossibility for them putting in hardwoods, then they must refund your money paid for the hardwood floors or apply it to installation of carpeting.
If your contract does not contain a clause about unforeseen conditions preventing installation, whether the seller told you or not if it is in the contract that is what is binding, then you can file suit against Lowes for the cost in replacing the carpet which you would not have removed had they not said they could install the hardwood floors.
Before filing suit, you can file a complaint with the Better Business Bureau, as many times they can negotiate a settlement with the company and save you the time of having to go to court and sue them for the damages. In Texas you can sue in small claims/Justice court for up to $10,000 without any attorney.
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