They don't want their product back, they want their money, and I would assume that is HALF the total cost, as I know of no fabricator who will install without a 50% deposit prior to cut and polish of the goods..

You can go in person, and take an attorney with you to the store in Dallas......or have an attorney contact them after showing him/her all the printed emails, that hopefully show responses from the sales person saying you would have NO POSSIBLE issues, with this surface. I would add that a minor etch is not considered a disaster, and I would suggest and immediate seal of the tops as well.

Fact is, this surface CAN etch. Instead of asking and trusting someone whose job it is to sell materials, a little due diligence may have been in order. Did she tell you to seal it? Did you seal it?

Or simply ignore the lien, and live with it, and the tops until you need to sell the house : (

http://classicgranitemarble.com/the-411-on-white-quartzite-countertops/

From what you've said here, I think you did a reasonable amount of due diligence. Yes, you relied on the salesperson, because she was supposed to be the expert here, not you. Most consumers rely heavily on the place they are purchasing from to be honest and upfront, no one should make you feel bad about that. I don't know what your options are here - you might try contacting your state's consumer affairs bureau, they may be able to give you guidance. You could talk to an attorney, but I doubt you want to start accumulating attorney fees at this point.

Also insist on everything in writing so it can be documented.

I wouldn't worry about the lien at this point - it will not be a problem until you sell your home, and this should be taken care of long before that. The fact that they resorted to threatening a lien so quickly shows how unscrupulous this company is, unfortunately. I don't know the process for placing a lien but since it is a legal process, I assume you can contest it either before it is in place or after - so definitely look into that, maybe start by calling your town hall and asking questions, or if the letter states what agency the lien is filed with, contact them. You want to contest it as soon as possible.

You should also report them to the Better Business Bureau - that won't help resolve your problem but a negative review from BBB will affect the company's reputation and maybe save someone else from what you've gone through.

I have been looking for new countertops. I did my homework online and it's shocking how little the salespeople know about their own product, even the suppliers. I would contact an attorney, but personally I don't think you will be able to do anything unless you have something in writing.

It is common for various natural stone materials to etch and stain, this includes some quartzite. I don't think vague conversations about "mama proof" bode very well for you in terms of legal proceedings. But it would have been good sales practice to let you know about the various properties of natural material. I hope you are able to resolve this in a satisfactory way.

I think the lien is a big deal-it affects your credit. If they file it, you should add a statement on your three credit reports that this is a dispute. At that point, I'd call an attorney. I would call an attorney if it doesn't go well on Tuesday.

I have some empathy for you because MANY granite yards mis-label soft quartzite and marble as granite. Since we are in the market for granite right now, I've been actively looking. I am amazed on how many times I see the WRONG product with the granite label. I've looked enough where I've seen the same name called Granite on one side of the yard and Marble on the other side on a different slab.

Friends, Superlative is a very soft marble: it is Not a quartzite.

In Brazil we say that Superlative cracks only by looking for example; I will post a slab picture for you to confirm we are talking about same stone.

Again, same problem: people labeling stones uncorrectly

Paul Patel, yes this is a beautiful marble; it is not a quartzite, you can see by the reflection of light

Is it reasonable to assume that if your contract specifies Quartzite and you received marble, you have a legitimate issue?

Hire a geologist to testify at your lawsuit and spend 50K on 5K worth of stone. Or, live with what you have and get used to patina. And pay the fabricator. You have counters. He fabricated the stone. You received the custom counters. Custom work isn't returnable. It can't be glued back together into slab material and be sold to someone else.

And although your cc company refunded you up front, that doesn't mean that they won't charge it back if the fabricators bother to give them all of the documentation on the job.

Just because you are freaked out by living with marble doesn't make marble unsuitable for counters. It's been used for centuries. Frankly, your expectations for a lifeproof counter are unrealistic. Pretty much all stone will need sealing to not stain, and all carbonates will etch. Manmade stone will chip, and have tiny divots where crystals pop out. There is no perfect anything.

Slab sellers are not geologists. That would be like expecting the clerk at Lowes to be a botanist and tell you that the pretty rose you want to buy won't work in your shady yard. They were in the Paint department last week. They don't know plants. If the result is that important, you need to consult a REAL expert. A sales person can give you an opinion, but it isn't binding as to your expectations or how you will use it. And they are not presumed to have the knowledge of an expert in the field.

The stone industry makes up names and attributes all the time. Every designer that deals with kitchen redos knows this and could have advised you. You didn't actually get any expert help in this, did you? You thought you would go straight to each trade and leave out the coordination and knowledge needed to ensure a good job was done.

Due digence that a KD might have suggested for a stone purchase is physically conducting tests on samples of the stone itself to determine if it had the physical properties that you desire. You apply turmeric and Coke to that sample. Not a the slab seller. You. You failed to do your due diligence as designer of record or to engage any Professional help that would guide you.

You owe them for the counters that you have in your kitchen and are using. You have received goods and services and refused to pay for them. The lien will be upheld.

Have you consulted with an attorney to see if you have a DTPA claim? Texas has one of the more protective Deceptive Trade Practices Act statutes that can include treble damages. Texas lien laws also tend to be more complicated than a lot of others states, so it is easy for vendors to screw them up. A brief consultation with an attorney qualified in these areas is not that much.

That is a beautiful piece but it looks like marble to me.

Quartzite is a natural material and as such there will be variances in purity depending upon where it was quarried and the grading standard. It is most likely the level(s) of impurities that is contributing to the issue. As with any material there are usually tolerances that define what it can be called based upon it's composition. Price is often a reasonable indicator, especially for natural materials as the higher purities are much rarer and therefore are typically more expensive, diamonds are a great example.

Regardless, sealing should have minimized this. Not familiar with the Dupont Bullet Proof product, but you have to be careful not to be mislead by those catchy product names. I guess "Mama Proof" and "Bullet Proof" seemed like a good match!!!

Without some type of chemical analysis, which would be costly, I suspect it would be very difficult to prove that the supplied material was not within it's tolerance. In these types of situations I have usually found that a more conciliatory approach is the best first approach. Unfortunately, things seem to have gotten bit out of hand and it may take a bit of patience for things to cool down. Maybe you need to demonstrate to the fabricator a willingness to resolve this without resorting to legal threats. I know it is tough to do but it may at the end result in a faster and less costly resolution for all involved.

Graham

Wholesale Slab yards sell to fabricators, not consumers. The person in the chain of custody who should be the expert is the fabricator. Not the minimum wage store minder who can't even sell to the end user.

Selecting a fabricator who is skilled and knowledgable is more important than agonizing over the stone color. MIAmembership and standards should be shopped for before stone is ever selected. If you shop materials first, you can end up picking something on looks alone. That is why a KD or knowledgable fabricator is key. ON THE FRONT END.

Bullet Proof excludes etching which is what the OP said he has.

When I was a kid I put one of my baby teeth in a glass of coke, and the coke dissolved it. That's why I never drink Coke.

Regardless on the ones on here saying this is somehow your fault and you have to live with it, the simple fact that the company cannot communicate when the customer has concerns says alot about the company's values. How can you say the OP wasn't being fair to go to the BBB when the company threatened to put a lein on his property without even talking to him?!! Seriously? That is terrible business practice!