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Poor business practices

Sent to Job Experts October 06 10:07 AM

I paid a painter to remove popcorn off ceiling and paint the interior rooms in my house and he charged me 300.00 per room. Within 3 days the ceilng that he had sprayed had begun to peel I had called him a few times and was very nice and he at first said he would be back within a few days to check it out. It has been over a month and he is no longer returning his calls from me. He is unlicensed but has a good size business. Do I have any recourse. When I did call I did leave messages to the fact that I did have it repaired and I was charged 75.00 per room and was requesting a refund for that amount.

Customer (name blocked for privacy)
Status:  Closed   Value: $5
Answer
October 6 11:43 AM (1 hour and 36 minutes and 9 seconds later)
         
REPLIEDCheck Mark
The only recourse you have is to sue him for breach of contract. You entered into an agreement to have someone perform services in exchange for payment. Failure for the painter to comply in providing adequate services is a breach of the terms. Further, as he is unlicensed the court can use that to award you damages. What you need to do is collect evidence of his "work". Take pictures of his paint job, if you have a written contract, also include that to support your position, along with a record of phone calls you have left him and a copy of the check or proof that you paid him. Alternatively, you can make a last attempt to request compliance by sending a certified letter to this person and making a demand for payment or else they will be sued. Hopefully, this will scare the painter in complying. If not, then you have further evidence to support your position. As your claim is $300.00 you can sue in small claims court and are not required to hire an attorney.


This is only legal/research information. Consult a local lawyer for specific legal advice. No Attorney Client relationship has been created. Don't Forget To Click ACCEPT.
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LawNinvest -- Lawyer and Broker -- 100% Positive Feedback on 33 Job Accepts
Attorney at law and California Real Estate Broker
Reply
October 6 3:25 PM (3 hours and 41 minutes and 56 seconds later)
         
Reply to Lawyer, Broker 's Post: I am sorry to say that I didnt get a contract nor did I get a reciept for payment as he only accepts cash. I dont have his address either nor did I take pictures..I did save a piece of the ceiling that fell I hope I can find it. I also have his flyer with his home phone number and his cell. Is there a way to complain to the city or IRS??
Customer (name blocked for privacy)
Answer
October 6 4:05 PM (40 minutes and 16 seconds later)
         
ACCEPTEDCheck Mark
Thank you for your reply. Unfortunately your only recourse is suing as outline above. All is not lost by not having a written contract. If you can send him the demand letter asking him to comply on what he has failed to do, via certified mail, this will be proof that he is not showing compliance. If he answers and confirms that he owes the money, then this will establish the presence of a verbal contract. If you can show proof of the piece of the ceiling, that would help as well, to show the shoddy work he did. The IRS nor the city deal with these types of issues as the painter was not licensed to begin with.


This is only legal/research information. Consult a local lawyer for specific legal advice. No Attorney Client relationship has been created. Don't Forget To Click ACCEPT.
Picture
LawNinvest -- Lawyer and Broker -- 100% Positive Feedback on 33 Job Accepts
Attorney at law and California Real Estate Broker
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