I've been duped by a fake electrician. What can I do?

Question

An electrical contractor gave me an estimate to fix my air conditioner. He showed me his license. He needed upfront money to buy the parts that needed replacement. Now, he is stringing me along day after day. It has been a week and he has not repaired what is needed. I looked his lic. # up and it resulted in a company in Texas with an expired license (we are in CA). I e-mailed the Better Business Burea so far and ordered a copy of the check I gave him for the parts.

Answer 1

In California, the Contractors State License Board has jurisdiction over unlicensed contractors.

This guy has committed numerous violations. In particular: CA contractors may not ask for a deposit over 10% or $1000, whichever is LESS.

Cal. Bus. & Prof. Code section 7027.3:
“Any person, licensed or unlicensed, who willfully and intentionally uses, with intent to defraud, a contractor's license number that does not correspond to the number on a currently valid contractor's license held by that person, is punishable by a fine … or by imprisonment in state prison … or by both that fine and imprisonment."

First, contact him to let him know you are you know your rights as a homeowner, and are serious about resolving this problem. Tell him you want a full refund or you will open up a formal complaint with the CSLB. Then take your money and hire someone you KNOW is licensed (and who works on HVAC). If you are not satisfied, contact the CSLB and make a complaint. That's what they are there for.

Answer 2

Constructioncommando said:

In California, the Contractors State License Board has jurisdiction over unlicensed contractors.

This guy has committed numerous violations. In particular: CA contractors may not ask for a deposit over 10% or $1000, whichever is LESS.

Cal. Bus. & Prof. Code section 7027.3

How do you know that he is a "contractor" ? Because you "assume" so ? You obviously mistake CODE for law. Code only applies to those who are participants in the code, I.E. have signed a contractual agreement giving consent to the code. Like when you enter any other contract. How can the Contractors State License Board have jurisdiction over someone who is not a contractor and is not a party to a contract WITH the Contractors State License Board in order for the code to apply to them ? Code is not positive law, it is stipulations of a contract, wise up.

Just because people are incapable of effectively defending themselves in court, and let code be applied by default, does not mean the court acts without self serving corruption and misapplication of CODE. The primary issue here is subject matter jurisdiction. They don't have it over NON-contractors.

US Supreme court rulings uniformly acknowledge the RIGHT to work for a living. You don't need to get permission from the government to excercise a RIGHT to make a living. Maybe in Cuba or South Korea, but not under the US Constitution.

Also, what BS code did you find that says that the working man has to front any amount above 10% or $1000 to a potential scam artist homeowner ? This would easily subject anybody working for a living (non-contractor) to have to FRONT potentially LARGE sums of money in order to work for a living. All the homeowner has to do is say "the work is substandard" and make the private working man fight for months to get paid for what he already fronted many thousands of dollars. This is obviously pro-big corporation code to give preference to those deep pocket corporations that politicians/lawyers/LDAs love. It is good that code only applies to those who are party to it.

Answer 3

File a case of estafa or swindling against the fake electrician. Under the applicable provisions of the Penal Laws, he committed the crime by presenting an expired license in order to get money from you but never repaired any of the supposed work.

Answer 4

First of all you shouldn't have called an electrician, you should have called a heating and airconditioning man!!

Sorry you got ripped. Nobody likes to get ripped off.