I NEED HELP...should i bring in lawyers?

Question

My mother owns a duplex.. We bought it together so she lives there and I rent studio on the same street. She took a vacation to do some renovation of her apt. I am helping her paint the walls, replacing light fixtures, etc. Three months ago we gave 1/2
the money to replace windows ($4,500). Yesterday, the guys showed up at my mothers door steps to replace these windows.

They did a hell of a job, fast with no problems BUT the salesman who sold us the windows showed different windows then ones they installed yesterday (which are cheaper windows).
She tried to stop them and told them not to replace it but they didnt listen.

She didn’t give them the other half of the balance. The fact that they did this to a woman with no husband and hardly speaks english really pisses me off.

I only live here with a green card...what are my actions? Is it worth bringing in a lawyer cause I cant really afford one? What would you do?

Answer 1

First, a green card doesn't preclude you from exercising your contract rights. You are unclear as to whether you are co-owner of the property & who signed the purchase order for the windows. It may that only your mother has enforceable rights. In any event, make sure that the window quality is specified in the contract or by sample, etc. If so your ma can withhold payment until they correct their error. OR if the installed windows are acceptable she can offer to keep the cheaper windows for a partial refund. While standoff continues the window contractors may file a claim of lien on the property. If so while your rights remain the same that creates some procedural changes that are best handled by an attorney.

** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. **

Answer 2

It wouldn't hurt to consult with a lawyer, but I would explain the situation to the window company and the people who installed the windows. Tell them they will get the remaing balance when the replace the cheaper windows with the ones you had origionally ordered. Also you can always take them to small claims court which is for claims in amounts usually under $5000.00 and no lawyers are needed. Keep every scrap of documentation you have about this so you have proof of what you really ordered. Good Luck I hope you get your good windows or your money back.

Answer 3

1. Did she get an estimate in writing.
2. is this some little mom and pop window company or some big coorperation.
3. First talk to the man who told you what windows they would be installing and make him work it out. If you don't have anything in writing none of this matters. Going by what someone says isn't good enough.
4. If they gave you a receipt keep it...you gotta talk to someone important in that company.....you having a greencard doesn't mean you have not right to not get ripped off. You can translate for your mother without any worries. Just act as her translater and make sure they don't rip her off..

Answer 4

If she has a contract for the work done, make sure she wasn't handed the switch there. If she has it in writing that she ordered higher quality windows than were installed, try small claims court first (they have limits but I'm not sure what they are). If that doesn't work out, a lawyer is your only way of fixing this.

Answer 5

Your immigration status has no bearing on your right not to be cheated by some clown installing windows. First, read the contract that your or your mother signed and see what kind of windows it specified. Then, when you see you've been cheated, call a lawyer. depending on the amount, this could be a small claim action or a bigger deal.

Answer 6

Most of the time, If you just threaten them with a lawsuit, they will fix the problem. But, if you do that, and the company still doesnt come through, then make sure you have all documentation and the estimate he gave you. File a claim in small claims court or talk to a lawyer to see what your options are. Good Luck !!!

Answer 7

It depends on what state you live in, In my state of Oregon, all contractors must be licensed with the state construction contractors board (CCB) and also must be bonded and insured. First- Talk to the contractor/salesman, Second- Call the CCB for your state, or the Better Business Bureau. If the contractor is bonded and doesn't resolve the matter, you can go after his bond to be reimbursed. But try to work it out first.

Answer 8

You're going have to file a complaint with the window salesman who did not deliver what he promised. Your state should have a consumer protection division which may try to resolve this without the courts getting involved.

Answer 9

Call a local consumer affairs office. Call a local television station to see if they have a reporter who covers such instances. Do the same with a local newspaper. Most municipalities require a contractor to be licensed. File a complaint with them.

Answer 10

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