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karl_1q1

Need help/advice - contractor is a no show

6 years ago

I hired a contractor to remodel my kitchen and bathroom. We signed the contract and paid the $5000 downpayment he requested. he stated he would send the receipt that night. I did not received anything and reached out to him a day later for the receipt; he said that he would send it that night and we received it the next day at night. He apologized for the delay and said that he will be coming that week to take measurements. I reached out to him at the end of the week on Friday, by email, to see when he would be stopping by and stated that we have not heard from him. He replied on Sunday night saying that it was best to text and that he will be stopping by the following day, Monday. On Monday, I texted him at 6:40pm asking at what time he would be stopping by and he texted that his partner is running behind, since they are finishing a lot of jobs, and that they should be there by the end of the week, and he hoped we understand. I said that it was ok, and jut to let us know. And if not this week, that is ok as well but please let us know in advance whether you are stopping by or not. He replied with a thank you. I have not heard from him since and it has already been almost 3 weeks. He is supposed to start the project in 2 days and collect 50% of the contracted amount. At this point I don’t feel comfortable moving forward with the project and would like to get my money back. What can I do? Is it ok for me to stop the project even though a contract was signed? I would greatly appreciate your advice. Thank you

Comments (32)

  • 6 years ago

    I would request my money back for sure. This is a sign of things to come and would not be okay with me. We had a contractor bail on the eve of when work was supposed to begin. It was the biggest blessing to us a the next person we hired was awesome and accurate in their budgeting and quote and did it on time. Get out while you can!

  • 6 years ago
    last modified: 6 years ago

    Yes, get your money back.

    Clearly he is overwhelmed with work and doesn't have the ability to handle another job. Contact him right away to cancel and make it clear you are canceling due to his repeated inability to show up to appointments to even begin the measuring process.

  • PRO
    6 years ago

    Money back and that BTW 5K was the money up front until work actually starts there would be no more money. What was the 5K for anyway. 3 weeks over the Christmas season is not unusual since everyone wants stuff finished for Christmas but not communicating is unacceptable in my books. Not to beat a dead horse but a contractor is not a kitchen designer ever.

  • 6 years ago

    BIG red flag. Do as suggested above; phone call, e-mail, and, lawyer consult on Monday.

  • 6 years ago
    last modified: 6 years ago

    If he's licensed complain to the consumer board for your state. The link below is California's.

    https://www.cslb.ca.gov/Consumers/Filing_A_Complaint/How_The_Complaint_Process_Works.aspx


    I'd request mediation/arbitration before a lawyer.

    Failing that, file a case in small claims court.

    And Better Business Bureau and local review sites like nextdoor.com


  • 6 years ago
    last modified: 6 years ago

    Thank you everyone!


    RL Relocation LLC, I paid him with a check and the contract does not say anything about cancelation.


    Patricia Cowell Consulting, he stated that the 5k downpayment was needed to reserve the date and it basically showed commitment from our part since he will not be booking any other projects while working on ours.


  • PRO
    6 years ago

    Obviously a not honoring that part . I would like to see the actual contract .

  • 6 years ago

    Some of the contractors here may disagree, but in my book, the purpose of the deposit is to allow the tradesperson to cash-purchase the first round of materials for the job. A $5000 deposit before he even measures makes no sense. I fear you've been scammed. Take that contract and go have a chat with a lawyer.

  • 6 years ago

    He just emailed to confirm the start date of Monday and that he will be there before 10am. Am I still ok to cancel this and Request the money back? As mentioned earlier, the contract does not say anything about cancellation and I really do not want to move forward with them. I just don’t want them to come after me for cancelling this. Hiring an lawyer is probably the best way to go but I probably can’t afford that As it might be more than the 5k down payment. what should I do?

  • 6 years ago
    last modified: 6 years ago

    he stated that the 5k downpayment was needed to reserve the date and it basically showed commitment from our part since he will not be booking any other projects while working on ours

    Total BS!!

    By law, you are only required to pay a 10% down payment. **Was the total job 50,000???)

    Never, ever, give any one you hire 50% of the proposed payment up front. EVER! If they demand 50%, tell them to take a hike. You are NOT required to give that much. My husband is a licensed contractor.

    Normally it's a deposit. like 1500 or so. then they start. For my kitchen (i had my cabs painted, some cabinets modified, and a hood built) I gave a small deposit up front,,,,then when they started and took my doors back to their shop to paint, I gave them a few thousand. when they came back to paint the base cabs, I gave them another few thousand,,,,and upon completion I gave them the final payment) You never give more than 50% during the course of the job. (unless they have to make large purchases to actually buy materials. If they aren't buying anything out of their pocket, they don't need to collect money from you***

    Do you know his state license number?

    Karla,,,you are about to lose a lot of money if you don't listen to what we are saying.....

    You've already given him 5000, and then he's wants 50% more when he shows up to start?? If you do that, you will be one of these people you hear about who lose all of their money to a scammy contractor. You are crazy to go forward w/this crook.

    I mean, he hadn't even started, you didn't have a signed contract, nothing. He's just some joe blow posing as a contractor, and promising you work. you give him 5000K and he gives you nothing??? Total scam.

    don't know how you paid, but stop payment. If it's too late, make a police report. Good Luck getting back your 5K. you can ask, but I can assure you he won't have it. He will smooth talk you and try to tell you it will all be ok. It won't. Do not fall for the BS. Do not hire him.

    Please listen....

    Cancel the payment. Ask for it back, and find someone else.

    he hasn't shown up like he says he would so why would you think he will on Monday?

    Even if he does show up, tell him you've changed your mind.

    don't let him in to measure. don't let him do anything. Right now you've given him money and he has done NOTHING. Don't let him. Don't let him out of your sight if he says "ill get your money to you next week". Nope. Tell him you'll go with him to the bank right now. If you let him leave, you'll never see him. Follow him outside and get his license number off of his truck. Ask him to see his drivers license. You'll need all of this for police report and if you ever want to see your 5K again.

    I guarantee this guy is nothing but trouble and a scam artist. Save yourself the headache and get rid of him while you still have money. If he won't give you back your money because of some garbage about you reserving the date, yada yada, tell him he's a crook and you'll be hiring an attorney after you make a police report for grand theft. Then advise him you'll be notifying the state contractors board. And then do it. all of it. Listen to your gut and don't think you have to be nice about this.

    I cannot stress enough how important it is that you do not give him another chance. If you do, kiss your money goodbye.

  • 6 years ago
    last modified: 6 years ago

    Karla, are you sure it's RL Relocation LLC? Or is the company RL Remodeling in Woodland Hills?


  • 6 years ago

    And in addition to the start date, did he also supply a completion date? We've been caught in the same bind where dates slipped for both start and finish. If I could go back I'd revise the contract to write a clause about communication agreements and their financial liability if they don't finish when they say they will.


  • 6 years ago

    (Sylva,,,it's not RL,,,she was responding to RL Relocation. read it again carefully)

  • 6 years ago

    Thanks, Beth. Sorry I missed that detail. :(


  • PRO
    6 years ago

    Has the check cleared your bank. If not stop payment immediately. If it has, he has $5k and is probably long gone. You can always give him say $500 if he shows up to measure. I would cancel due to lack of performance. Sure hope you can get money back.

  • 6 years ago

    Again, do not go forward with this guy. The minute you let him into your home he can claim, "I have measured (time) and purchased materials (your down payment)". He cannot claim either if he has never set foot inside. There are other contractors out there, your project deserves someone professional. Even if you don't know your neighbors, ask them for referrals.

  • PRO
    6 years ago

    Yea, i agree. You have to be so careful with these guys. Sad to see this type thing.

  • 6 years ago

    Listen to chiflipper. Even if he shows up and says he wants to drop off some material, don't let him. I would send the cancellation right away so you are on record.

  • PRO
    6 years ago

    Beth H is absolutely correct on all counts. I am so sorry, but this guy has to be a scammer or a the very least a very poor businessman, He may have used your money to finish someone else's job, pay his subcontractors before they walked off of another job, he did not use it to purchase materials for your project but on another project or put it into his pocket, there are so many ways to get scammed the list is endless and your situation is far too common. You do need to contact a lawyer asap, contact the BBB, contact the state license board, and the police. Print out copies of all of your correspondence and dates you have spoken to him, tried to contact him and his responses, If you texted him you can print out the text from your phone with an app for your records,

    Even if this contractor now shows up, do not let him start the job. He is at the very least going to cause you a lot of stress and problems. Again, I am very sorry that you are having to deal with this "contractor".

  • 6 years ago

    Thank you everyone for your advice. The Contractor is out of town but was able to send his business partner to talk to us. He was very understanding and said that he would need to talk with his other partner in regards to giving us a full refund or a refund with a cancellation fee. 30 minutes after he left the house the contractor call and we did a 3way calling. He was very upset accusing us of cancelling the project because we found Someone cheaper, but it was ok with them they would just keep the down payment and that they will still send their people to work tomorrow morning because it’s on the contract and they have to. I told him that we don’t have another contractor but were canceling for the lack of communication, inaccurate information, and them disappearing on us. He then mentioned attorneys and going to court and keeping the down payment. He was definitely not listening. it seems like we are going to fight for this one. Does anyone have any idea on what I need to do now? Someone mention something about the small courts. how can I start the process? I prefer to start it my self then have them come after me. Thank you for your help in advance.

  • 6 years ago
    last modified: 6 years ago

    Listen,,you are being scammed! understand that. you are being conned and scammed. he can't keep you money. where is it written in this contract? he did absolutely no work. Where is there is no cancellation fee? I thought you said there was nothing written?

    Where is that on this contract that you signed???

    Do you have a copy of what you signed??

    I told you he was going to fight you. He doesn't have the money to pay you back and now he's trying the scare tactics to bully you. don't fall for it. Tell him you've retained an attorney, will be calling the state board licensing, and will be making a grand theft police report. (make sure you advise him of that last one). Tell him he can spend all the money he wants on his lawyer and also advise him you'll be contesting that he pay your lawyers fees as well.

    Where is this contract?

    You don't owe him anything so don't let him bully you around. he will in order to get you to cave.

    (small claims court is usually for $3500 or less, unless that's changed)

    BTW, this contractor sure is out of town a lot.

    did you get his partners info? you need to make sure you get names and license plates. (in case they need to be tracked down. you have no idea if they've given you real names or not)

    You need to get him to your house so that you can see the car he is driving. that will have his real name on the registration. you need to get his lic plate number

    be careful to get him out to your place first. if he disappears now, all you have is a phone number. if he's a true scammer, he'll have a phony name/business license.

    where did you find this guy?

  • 6 years ago

    I would contact a lawyer right away to send them a letter demanding the full deposit back and stating the reasons. You will pay a few hundred for it but they may give in when they know you're serious. If that doesn't work and you need to proceed, you can take them to small claims court.

  • 6 years ago
    last modified: 6 years ago

    Check the small claims process for your city/town/muncipality/county on line. Google your town + small claims court. I'm pretty sure there is a link where you can download forms. If not, get the phone number and call the courthouse tomorrow to get the process from one of the clerks.

  • PRO
    6 years ago

    As we said earlier, you need attorney to review your contract and tell you your options. Call your bank first thing Monday am if you can’t check it on line now and see if the check has cleared. This is classic scam. Do not communicate directly with them again until you understand your position. Do you have address of business for these guys. A letter,sent certified return request” from an attorney to him could help. But I fear your options are closed and your money is gone. So sorry. But contact attorney in your area, possibly a real estate attorney and see what can be done. So much time has elapsed, you might not have many options.

  • 6 years ago

    I asked you right away, what does your contract say? And I also said contact an attorney right away. It's not rocket science ( and I don't mean that in a snarky way), I promise. Also immediately report him to the consumer board. And like beth said to make sure you have his contractor license number........... Print out all the emails, and do not verbally communicate with him, let him say it in writing..............at this point conversations will be hostile anyway.

  • PRO
    6 years ago

    Take pictures of his children at the bus stop and send them to him.

  • 6 years ago

    joseph,,,lmao. sounds like something I'd do

  • PRO
    6 years ago

    Joseph - here’s one time I have to disagree with your post. That kind of thing, even in jest, can be interpreted as a threat and could backfire on the poster. Don’t go there.

  • 6 years ago

    flo, I was kidding, I hope you know. but I can see how someone else might not take it that way

  • 6 years ago
    last modified: 6 years ago

    This is at least the second time JC has posted that advice. I wish we could kid about things like that the way we used to, but this is 2020. Joking about things that have even a whiff of terrorism is no longer allowed. Even when it's delivered with a smile, People In Authority take every word that sounds like a threat seriously. Especially when kids are involved.

    Back in the mid-1990s, a friend of mine got a kick (as did the rest of us) out of wearing her "Ladies' Sewing Circle and Terrorist Society" t-shirt. She burned it about 15 years ago, because she didn't dare wear it any more. She was even afraid to use it as a rag.

    It's no use to fight it. This is the world we live in now. So don't. Really, just don't.

  • 6 years ago

    What ended up happening with this?