Consumer Protection Law

Consumer protection law questions? Ask a lawyer now.

Ask a Lawyer,
Get an Answer ASAP!

We had floors installed by Great Floors of Bellevue. They…

Customer Question
We had floors installed...

We had floors installed by Great Floors of Bellevue. They were done incorrectly. They did not take responsibility until we contested the charges for the materials. They then blamed us for the issues calling us scammers and having buyer's remorse. Our credit card company found in our favor after we outlined all the issues with this company. They now want to charge us to keep the floors and are threatening legal action to collect. After 7 months of threats and with floors that we have to rip up and re-do, we are wondering what we can do to resolve this issue and not let this happen to other folks. Great floors I noticed, has an F rating from the BBB.

Lawyer's Assistant: What state is this in? And when did the issue begin?

WA. The issue began in Dec 2016.

Lawyer's Assistant: Have you contacted the manufacturer?

Yes. Whole other issue with Shaw. they claim the floors are a glue down. they really are not. They sent an inspector and blamed the installers. The installers said they never would have installed as a glue down but they were told to do so by their boss at Great Floors. Everyone is pointing fingers.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I have a detailed timeline for them if they are interested. They company is demanding over $2k for floors i have to rip up, or they will come and rip them up for free. We are not ready to move forward and we do NOT want them in our house do to the way we have been treated.

Submitted: 5 months ago.Category: Consumer Protection Law
Show More
Show Less
Ask Your Own Consumer Protection Law Question
Answered in 1 minute by:
11/22/2017
Consumer Protection Lawyer: LegalGems, Lawyer replied 5 months ago
LegalGems
LegalGems, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 12,570
Experience: Research Attorney; Private Practice; Attorney Mentor; Mediator
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Ask Your Own Consumer Protection Law Question
Consumer Protection Lawyer: LegalGems, Lawyer replied 5 months ago

I am sorry to hear you are having remodeling issues; can you tell me if you have third party professional estimates as to the cost to replace according to the original contract?

Also were the installers hired by the flooring company?

Ask Your Own Consumer Protection Law Question
Customer reply replied 5 months ago
Thank you. I look forward to your response. Let me know if you need a full history of events..
Consumer Protection Lawyer: LegalGems, Lawyer replied 5 months ago

Were you able to review my inquiry? If not I'll repost -

can you tell me if you have third party professional estimates as to the cost to replace according to the original contract?

Also were the installers hired by the flooring company?

Ask Your Own Consumer Protection Law Question
Customer reply replied 5 months ago
Hi. Yes the cost estimates to replace the floors ranged from 1500-4200. The original total cost for the floors was 3483.89.
Great Floors hired their own contractors. The contractors came and started to click the floor together. My wife stopped them and told them we ordered a glue down and that our product (Luxury vinyl from Shaw) was capable of a glue down application. The installers claimed that it was not a glue down and that we would have to pick a different material. Jim, their boss, from Great Floors over-road their suggestion and had them come back the following day to glue. The floor, the follwing day, popped everywhere as the glue did not stick.
Customer reply replied 5 months ago
Here is a detailed timeline: We contested the charges and actually won.
We selected a glue down floor from Great Floors in Bellevue on December 1, 2016 from a salesman. We requested a glue down vinyl and the salesman approved a type of flooring we found, and we set the date of install two weeks prior to Christmas. It was postponed twice including one no-show due to their scheduling issues. Upon the day of installation, we noticed they were not gluing the floor down per what we paid for, rather snapping it together. We reminded them it was a glue down installation per our contract. The installer informed us that the material was not capable of a glue down and we would have to select a different material. My wife was upset because she had spent months trying to find the perfect floor for our kitchen remodel. He called Jim, the manager at Greatfloors who allegedly spoke with someone at the Shaw organization. We were told by Jim and Anthony that the floor could be a glue down in commercial applications. The installer with this information still cautioned us and warned that in his opinion it would not work due to the texture of the service of the material. He was told by Jim to buy a specific glue and proceed in the glue down. They had to reschedule for the following day.2 days after the install, we heard popping noises on most of the floor surface in over 50 places. A few days after installation we received a call from the salesman asking for payment, he did not even ask us how the installation went and if we were satisfied with our floors. He wanted us to pay the full amount for the installed floor and when we said that we objected to this because of the popping noises we wanted investigated, he asked that we pay regardless--so he could receive his bonus, and they would look into the issue in the new year. I reminded him that our agreement was for full payment once the floor was installed correctly and completed. About a week later we received a call from the install manager from Greatfloors who said he would need to contact the manufacturer. The manufacturer was to schedule an inspection for 3 weeks later.3 weeks later the inspector arrived. He stated that more than likely he would find it was the installers error, as he was hired by the manufacturer Shaw. Sure enough, 2 more weeks after the report (We are now 5+ weeks with a popping floor still not complete) the report came back that it was an installation issue. We did not hear from Great Floors and when we called to inquire about what they would do Jim the manager did not know about the inspection or the report. After finding the report Jim stated it was the installer’s fault and he’ll have to fix it. We contact the installer who came out and tells us there is no way to fix it but to rip it out and use another material. He said he could also try to reset the current glue buy heating our house to 90+ degrees and putting weight on the floors. This was not worth the electricity according to my contractor as the glue had set improperly due to the faulty install. I hired a contractor and inspector to look at the floor installation during the install and after. Both agreed the product was not a glue down application due to the back smooth surface.I left several messages at Great Floors over the subsequent weeks asking for next steps and no one returned my calls. It appeared to us that Great floors was not going to take responsibility or help us fix the problem. What’s worse is the Shaw lifetime warranty for the floor is now invalid due to the improper install. My wife and I at that time had been under construction for over 4 months in the kitchen remodel unable to finish installing our kitchen cabinets or add trim due to the flooring issues not being resolved. We had to delay our other contractors from being able to complete their carpentry and finishing work. Great Floors appeared comfortable leaving us in this state and did not return our calls. I contested the charges because we did not receive a finished floor per our contract and the materials are going to have to be scrapped as a result. In addition, we have had considerable losses in time and money, over 9 months of this having to reschedule contractors, re-prioritize the remodel, let alone living in an unfinished kitchen. When Jim received the notice that the charges were contested he filed a rebuttal stating that the issue was only that the customer did not like the esthetics of the floor. When we received this assertation we were very upset and called Jim, he claimed that he had to file that rebuttal the day he received the chargeback and did not look into the specifics. He said that they could send out an investigator and we reminded him about the Shaw investigation that had already been conducted and the report which stated that the issue was installation error.Jim then sent a second contractor to examine whether injecting specific places in the floor would improve the issues.
Consumer Protection Lawyer: LegalGems, Lawyer replied 5 months ago

Thank you;

when a company fails to comply with the terms of the contract- either by installing substandard or defective material, or by defective installation, the company can be sued for damages under 3 theories:

1. negligence-Negligence is defined as a failure to perform with the level of care that someone of ordinary prudence would have exercised under the same circumstances. The behavior usually consists of actions, but may consist of omissions when there is some duty to act. This cause of action has 5 elements: the existence of a legal duty to exercise reasonable care; a failure to exercise reasonable care; harm caused by the negligent conduct; physical harm of actual damages; and proximate cause (reasonably foreseeable damages).

2. breach of contract - failing to comply with the terms of the contract; damages vary based on material and immaterial breaches. A material breach is one that goes to the very heart of the matter; so for example if the contract is for floors and the floors are defective (popping up, warping etc) the general remedy is for the contractor to reinstall or if those attempts have been unsuccessful then to hire a third party professional and suing for the cost. It is most prudent to first seek a judgment based on professional estimates so the homeowner knows exactly what they are working with.

3. misrepresentation. Misrepresentation is when a party does the following: (1) a representation was made; (2) that was false; (3) that when made, the representation was known to be false or made recklessly without knowledge of its truth; (4) that it was made with the intention that the plaintiff rely on it; (5) that the plaintiff did rely on it; and (6) that the plaintiff suffered damages as a result.

The idea is to make plaintiff whole-to restore the plaintiff to the position s/he would have been in but for the defect; to give the benefit of the bargain to the plaintiff -ie for the plaintiff to have the floors contracted for, for the price paid.

Small claims is appropriate for cases under $5,000:

http://www.atg.wa.gov/small-claims-court-0

If the contractor/dealer misrepresented the quality of the goods/services sold that is a violation of the unfair and deceptive business practices act:

http://apps.leg.wa.gov/rcw/default.aspx?cite=19.86

If violated there may be, in addition to actual damages, a $1,000 fine and an award of attorney fees:

https://app.leg.wa.gov/rcw/default.aspx?cite=19.182.150

Sample template complaint letter provided by the FTC:

[Your address]
[Your city, state, zip code]

[Today’s date]

[Name of contact person (if available)]
[Title (if available)]
[Company name]
[Consumer Complaint Division (if there is no contact person)]
[Street address]
[City, state, zip code]

Re: [Account number or other reference to your complaint]

Dear [Contact Person]:

This letter is to [notify you {or} follow up on our conversation of {date}] about a problem I am having with the [name of product or service performed] that I [bought, leased, rented or had repaired] at your [name of location] location on [date].

I am dissatisfied with your [service or product] because [describe problem]. I have already attempted to resolve this problem by [describe attempts and actions taken]. I have enclosed copies of my records. [Include copies of receipts, canceled checks, contracts, and other relevant documents]

Unfortunately, the problem remains unresolved. I am hereby requesting that you: [List specific actions you want (such as: refund, exchange or repair the item)]

1)

2)

3)

Please contact me within [number of days] days to confirm that you will honor my request.
Thank you for your anticipated assistance in resolving my problem. Please contact me at [telephone number and/or e-mail address] if you have any questions.

Sincerely,

[Your signature]

[Your name]

Enclosure(s): [List attached document copies]

cc: [Name(s) of anyone to whom you are sending a copy of this letter]

Further questions? Please post here to continue the chat.

Satisfied? Kindly rate positively so I receive credit for assisting you. I hope that you feel I have earned

5 stars 🌟🌟🌟🌟🌟*****

as I strive to provide my customers with great service. ☺️

(no additional charges are incurred).

Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. The terms addressing this can be viewed here:

http://ww2.justanswer.com/terms-service-0#information

Thank you and take care.

Ask Your Own Consumer Protection Law Question
Consumer Protection Lawyer: LegalGems, Lawyer replied 4 months ago

Hello again; just checking in to see how things worked out;

If you have no further questions a positive rating is most appreciated (at no additional cost to you) and allows the site to credit my account for the time spent assisting you!

if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

The above information is for educational purposes only. A consultation with a private attorney is recommended so they can apply the law to your specific facts, and suggest the best course of action. An attorney can be located here:
http://www.americanbar.org/groups/public_education/public-information/how-do-i-find-a-lawyer-.html
Terms of service can be viewed here:
http://ww2.justanswer.com/terms-service-0#information

Ask Your Own Consumer Protection Law Question
Was this answer helpful?
Ask LegalGems Your Own Question
LegalGems
LegalGems
LegalGems, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 12,570
12,570 Satisfied Customers
Experience: Research Attorney; Private Practice; Attorney Mentor; Mediator

LegalGems is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Infolawyer

Infolawyer

Lawyer

6,930 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

3,422 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

Barrister

Barrister

Lawyer

1,607 satisfied customers

Attorney,17 years experience in consumer protection areas

Tina

Tina

Lawyer

1,587 satisfied customers

17 years legal experience including consumer protection law.

P. Simmons

P. Simmons

Lawyer

1,184 satisfied customers

16+ yrs. of legal experience.

LADY LAWYER

LADY LAWYER

Lawyer

748 satisfied customers

Consumer Lawyer

RGMacEsq

RGMacEsq

Lawyer

582 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Consumer Protection Law Questions
I'm wondering if Tristan consumer law is legit or a scam?
I'm wondering if Tristan consumer law is legit or a scam ? They say they are form georgia … read more
Zoey, JD
Zoey, JD
Doctoral Degree
189 satisfied customers
Regarding a credit card dispute about a fraudulant charge.
regarding a credit card dispute about a fraudulant charge. If there is a dispute that the credit card co. does not agree with, how long can can the credit card keep charging a late payment fee and als… read more
KLAW
KLAW
Juris Doctorate
2,043 satisfied customers
Also, what is best way to change my identity, clean up known
Also, what is best way to change my identity, clean up known identity falsities on my credit reports that keep getting put back on there after i clear them off, or get official protection for my ident… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,694 satisfied customers
Need help with a problem with a credit card. MD. about 2
Repored to FTC who referred me to CFPB. They suggested I call Legal aid (am a senior) but I cannot reach them by phone. … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
How can I check to see if I am being scammed about winning a
How can I check to see if I am being scammed about winning a sweepstakes … read more
LegalGems
LegalGems
Lawyer
12,570 satisfied customers
How can I claim a scam 'phone call. I received a call from a
How can I claim a scam 'phone call. I received a call from a male telling me he was my grandson, he told me he was in Miami Florida, in jail for DUI, a woman was hurt, not no tell nothing to his mothe… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,596 satisfied customers
THE OTHER DAY I found out that Amazon Prime has been
tHE OTHER DAY I found out that Amazon Prime has been charging me twice every month for membership. They deny they have done that. They have charged the card I authorized and a card I have never charge… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,694 satisfied customers
We bought a new auto in California a couple weeks ago. The
We bought a new auto in California a couple weeks ago. The dealer told us our credit was approved, we agreed on a down payment, monthly payment, signed the papers and drove the car home. Today we got … read more
LegalGems
LegalGems
Lawyer
12,570 satisfied customers
I bought a car, i assigned a contract but was informed that
I bought a car, i assigned a contract but was informed that the contract is no good due to the finance company being incorrect and that i need to go sign the new contract. Can I choose not to sign tha… read more
LegalGems
LegalGems
Lawyer
12,570 satisfied customers
I received debt collection letter from collection agency,
I received debt collection letter from collection agency, when I reviewed my credit report, these debts are not on my credit report. What do I do about these collection letters? What do I tell these c… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,821 satisfied customers
Re: credit card charge Merchant overcharged my credit card
Re: credit card chargeMerchant overcharged my credit card more than agreed to for monthly advertising. Merchant claims terms and conditions allow them to change the price; however, I was promised fee … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,259 satisfied customers
I met someone on a dating site back in August. Im fell for
I met someone on a dating site back in August. Im fell for the scam of buying ITunes & Amazon cards & taking pictures sending the pictures to him. I realized how dumb I was after spending way too much… read more
LegalGems
LegalGems
Lawyer
12,570 satisfied customers
I was reading a question/answer session you had with someone
I was reading a question/answer session you had with someone about Colorado Real Estate Dynamics. Unfortunately for me, I am out over $10K. … read more
Lori
Lori
Juris Doctor
1,076 satisfied customers
Can collection agency contact your immediate family members
Hi, can collection agency contact your immediate family members & leave information about a debt that's over 7 years & threaten to take to court. I'm receiving calls from a Katelyn Manning with KFF Ar… read more
Zoey, JD
Zoey, JD
Doctoral Degree
189 satisfied customers
Bornstein and weiss called me and I see they are notorious.
Bornstein and weiss called me and I see they are notorious. … read more
Zoey, JD
Zoey, JD
Doctoral Degree
189 satisfied customers
I'm interested in checking my free annual credit report on
I'm interested in checking my free annual credit report on line. There seems to be to many options out there. Is there a particular site out there that you know of that wouldn't compromise my personal… read more
Zoey, JD
Zoey, JD
Doctoral Degree
189 satisfied customers
The FTC's 3-day cooling off period Rule applies to courses
quot;The FTC's 3-day cooling off period Rule applies to courses of instruction or training." I found this statement in an FTC article explaining the cooling off period. It was an exception to an item … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I need a police report for the FTC and the police gave me a
I need a police report for the FTC and the police gave me a number but won't let me tell them what it is for. Where can I go? … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,259 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x