Consumer Protection Law

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I am having some...

I am having some trouble here? I have a good story to share with you and the detail I am trying to send will not send? How much can I send at a time? I want you to have the detail so you can help and assist me better.

Lawyer's Assistant: What state are you in? And is a local attorney or other consumer protection advocate helping with this?

Texas

Lawyer's Assistant: What steps have you taken so far?

No

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

Yes. Did you received the lengthy story?

Submitted: 5 months ago.Category: Consumer Protection Law
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Customer reply replied 5 months ago
This is lengthy, so you might want to get a full cup of coffee.
I need help and assistance with this issue. Back in January of this year I entered into a verbal agreement with The Home Depot (THD) to purchase and have installed a Tankless Water Heater. I told them the specifics of what the installation would entail and that it was not a retrofit. Instead it would be a finish install from the connections in the garage. Meaning... from the water and gas connections and the vent. THD contacted their installer/service provider, BBS and scheduled an appointment with BBS. They came out to see the house. I discussed with their plumber representative that I was going to have all the gas pipes up in the attic changed out and run to the garage ready for them to do the final installation. I also told him that I will pull the appropriate city permits to get the work done including the approval inspections. After hearing from me and looking at what the scope of work that I needed and what it would entail, the plumber representative told that he/BBS would have me a quote the next day which would have been Friday and then BBS left. A few days later I still had heard nothing from BBS and went back to THD for help and assistance. I was told that they received the quote which I thought was interesting so BBS/THD resent the quote to me. And I left the store. Later I checked email and BBS/THD had resent the quote to me and upon reviewing it I blew a gasket. The quote and scope of work from BBS included items and scope of work that I did not request nor want done. I then went back over to THD and met with the store manager who was more than helpful. I explained to him the issue I was having with BBS and with that, he called BBS and talked to their General Manager explaining what I needed to have done. After this conversation another onsite meeting was scheduled at my house. During that meeting the GM from BBS as well as their senior Master Plumber were present. Also in attendance was the Senior Master Plumber from THD. During this site visit BBS and THD saw what the actual scope of work be and it was not one that they normally ran into. Meaning…. They normally did the complete revision/upgrade and install. This one was different in that all I wanted them to do was to do the final install from the water and gas connections in the garage as well as the venting. NOTE (1)… certain work I was required to have completed before THD and BBS would do their install. NOTE (2)… During the site visit both THD rep and those from BBS commented that I was a well-educated and knowledgeable consumer and had really done my homework making their job easier. BBS commented that they normally done get jobs where the customer has so much ready for them. Concluding the onsite meeting, everyone understood the scope of work and in the next few days I received a new and revised quote from THD and BBS detailing the complete scope of work for all parties. This included work that I was responsible for and which had to be completed prior to any work would be done by THD/BBS according to the contract. This I completed and sent that information to THD Master Plumber to which he acknowledged. Then on or about 5 March, I went to visit the store manager at THD. I told him that I was ready to pull the trigger and sign the contract. I also told him that I need to get some clarification on the warranties and extended service agreements. The store manager told me that THD does not have any other warranty other than that of the manufacture which is actually pretty good. And unfortunately THD does not offer extended warranties on tankless water heaters at this time. Then the store manager called the GM from BBS. He told him that I was ready to pull the trigger and sign the contract. He also asked if BBS offered any additional warranties and/or extended warranties, as well as any service plans. The GM from BBS responded telling me that they don’t have any additional warranties other than that of the manufacture either. He continued telling me that they offer what they call a Tankless Flushing Program giving me pricing and also telling me that he would add that to the contact if I wished. I responded back with a yes requesting he add that and resign the contract so I could sign it. That was on 6 March 2018 and unfortunately, I never heard back from him? I tried contacting him a few more time but still nothing. This resulted in me contact the store manager at THD via email expressing my displeasure with the GM and BBS. Then on 15 March 2018, I sent another email to the GM at BBS requesting the status and I also asked if he wanted my business. Then on 15 March 2018 I received an email from THD stating:
Mr. Telese,
We appreciate your business at THD. However at this time, THD has decided that we are unable to offer you our services with your Tankless water heater installation.
We will not alter or amend any contracts or make any
Customer reply replied 5 months ago
Is anyone working my issues?
Customer reply replied 5 months ago
I need to log out at this time. I do not know how you will respond to my question at this time. I am also wondering if this is a hoax website? Please call and or text me that I have a response from you and I will log in again.Thanks,
Al
Answered in 1 day by:
3/17/2018
Consumer Protection Lawyer: Wendy, Moderator replied 5 months ago
Wendy
Wendy, Moderator
Category: Consumer Protection Law
Satisfied Customers: 1
Experience: Moderator at JustAnswer
Verified
Hello,
I'm a moderator for this website. I'm so sorry that an Expert has not connected with you yet. I wanted to reach out to see if you still needed assistance with your question? Please use the reply box below to let me know if you'd like to continue or cancel.
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Customer reply replied 5 months ago
Thanks for getting back with me. Yes I do!
Consumer Protection Lawyer: Loren, Lawyer replied 5 months ago
Loren
Loren, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 39,321
Experience: 30 years experience in general legal matters.
Verified

Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I am a certified expert on JustAnswer since 2009, with nearly 100% in satisfied customer ratings. So, we should be able to work through your problem.

I appreciate your patience as I review your question. I will post my response shortly.

This is general information and no attorney client relationship is established.

The site may ask you if you wish to speak by phone for an extra charge. Many find the phone call to be the easiest and fastest way to get the information they need without posting on a public forum. I am also happy to continue online.

There may be a slight delay in my replies as I am assisting other JA customers also. I will reply to your follow up questions.

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Consumer Protection Lawyer: Loren, Lawyer replied 5 months ago

What is your specific question? Are you asking if THD/BBS could back out of the negotiation?

Was there ever a fully executed contract containing the final terms?

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Customer reply replied 5 months ago
As I wrote I my narrative... the contract had certain conditions that I had to meet prior to the signing which I did and submitted the proof to THD. Then on or about 5 March 2018
While in the office with the store manager. He and I both told BBS that I was ready to sign and just needed their service agreement with pricing to be added. The GM from BBS responded with pricing. I verbally agreed via email with a copy to THD. BBS never complied even after several inquires. Then on 15 March at approximately 5pm I received the email from THD.
Consumer Protection Lawyer: Loren, Lawyer replied 5 months ago
It sounds like you and the other parties were still in negotiations. Until the contract is executed, either party is free to back out. There is no enforceable contract.
I an sorry. I wish I could tell you otherwise, but I do not want you spinning your wheels.
Did you have further questions? Have I answered your question? Please let me know.
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Customer reply replied 5 months ago
Of a. Kerri got to Texas consumer protection. BBS agreed to do something in writing with more than ample time to make an executable contract. That was in writing! I agreed in writing! We’ll see what the court says
Consumer Protection Lawyer: Loren, Lawyer replied 5 months ago
To be enforceable it has to have been signed by the party you want to enforce it against and they have to have signed whatever you are saying they signed with the intent to be contractually bound.
Ask Your Own Consumer Protection Law Question
Consumer Protection Lawyer: Loren, Lawyer replied 5 months ago
Did you have further questions? Have I answered your question? Please let me know.
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