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My 91 year old father wanted his gargae. My 91 year father…

Customer Question
My 91 year old...

My 91 year old father wanted his gargae

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

My 91 year father wanted his garage sided by Sears. salesman and foreman of the job had my brother sign papers and told my brother it was to give him information. My father never signed a contract. sears did a bad job after job done the financial dept told my brother the contract not legal since my brother does not own property, Salesman, Sears office was aware my father was the owner. Sears will not give my brother any information on the financial information since he is not the owner. My father is now sick past month hospitalized this past month with heart and flue issues. Sears has called everyday to get my father to sign a new contract. My day has not received any bill. It has been 3 months since

Lawyer's Assistant: Has anything been filed or reported?

NO. bill Sears just calls my brother to see if my Dad is out of hospital.I the contract that my brother signed enforceable since now Sears financial Department was told by my brother he is not the home own

Submitted: 5 months ago.Category: Consumer Protection Law
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Customer reply replied 5 months ago
massachusetts.
Customer reply replied 5 months ago
I just want to know since Sears tried to pull a fast one knowing the home was not owned by my brother who is legally responsible.
Customer reply replied 5 months ago
I have no documents since I am the daughter who lives in Texas. Only documents my brother has is to see if my dad qualifies for their bank loan with Sears. All information social ,address is my Dad's but Sears had my brother
sign it. none of the information on the paper was my brothers
Customer reply replied 5 months ago
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1/17/2018
Consumer Protection Lawyer: Barrister, Lawyer replied 5 months ago
Barrister
Barrister, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 42,083
Experience: Attorney,17 years experience in consumer protection areas
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

Was father aware that the garage would be sided by Sears?

.

Did anyone actually pay them for the job?

.

Did brother sign something agreeing to be financially responsible for the job?

.

.

thanks

Barrister

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Customer reply replied 5 months ago
Sears had my brother sign the agreement the first time to the house. When the financial department realized may brother was not the owner of the property the financial person stated what my brother signed was not legal and they wants my Dad to sign a new contract. My Dad does not like the job had many problems with the job and does not want to correct their contract problem. I want to do what is legal. He is 91 they should of gotten my brothers information on the paper not my dad.they made a big mistake..
Consumer Protection Lawyer: Barrister, Lawyer replied 5 months ago

Ok, this is the legality of the situation... if brother signed the contract, he is legally liable to pay for the job.. It is not illegal for someone else to sign a contract to put siding on another person's house... could have been a gift.. But Sears can't file a lien on the house since father didn't sign the contract.

.

However, if father knew Sears was doing this and didn't do anything to prevent it, he too can be held liable under a legal concept called "unjust enrichment" which states if someone gets a benefit that they aren't entitled to, they have to pay for it.

.

But if they did a lousy job and it has to be redone, father would have grounds to sue Sears for the cost to have the job done correctly, which may cancel out what he might owe them.

.

.

thanks

Barrister

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Customer reply replied 5 months ago
My dad wa unaware it was a legal paper and so did my brother. On paper salesman got my dad’ s information but had my brother sign stating my brother signature was so salesman could discuss the job
Consumer Protection Lawyer: Barrister, Lawyer replied 5 months ago

Ok, again, it is going to boil down to whether brother signed something agreeing to be liable for the job or not... if he didn't, he isn't liable for the debt... only father is under the "unjust enrichment" doctrine I went over above.. And he is able to counter sue if they sued for the cost of fixing the job.

.

But legally father is not entitled to a free siding job here if that is what you are asking..

.

.

thanks

Barrister

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Consumer Protection Lawyer: Barrister, Lawyer replied 5 months ago

Hello again,

.

I just wanted to touch base with you and check in.

.

Did you have any further questions I can help with?

.

.

Thanks much

Barrister

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