My parents live in New Mexico and recentely got a quote for new carpet, they compaired and went with the most reasonable company. Half way through the job the guy told my dad they measured wrong and have to pay an extra $400+ for the carpet. Is there a law that protects them in the state of New Mexico against this sort of stuff? My mom sais just pay it but my dad said that they went with this company cause it was the lowest of the quotes and most reasonable and if they measured wrong its there mistake and also feels like that did that on purpose to get the job. I seem to agree with my dad cause the company did the measurements and quoted off of there own measurements but legally I am wondering if there is a law that stands behind my dad.
2007-12-11 05:42:23 · 7 answers · asked by jackiemurray2004 1 in Politics & Government ➔ Law & Ethics
Read the quote / contract.
If it says that it's an "estimate" then they're within their rights to charge for the actual area. If it's a contract, or a quote, then they're bound by it.
However, if they're changing the price half way through then, even if they have the right to do so, your Dad has the right to say "OK, then we'll go with someone else, get your carpet out of here."
Since that would leave them with a heap of pre-cut carpet, they're not going to want to do that.
Richard
2007-12-11 06:05:59 · answer #1 · answered by rickinnocal 7 · 0⤊ 0⤋
The quote is just an estimate, so you can't hold the company liable directly for the quote. You can, however, inform the company that you will no longer be needing the carpet, as you are not comfortable with the qulaity of the service they provided (i.e. the competance of their employees in measuring simple dimensions). They will take their carpet back, and probably leave you with a half a carpet until yo find another contractor to finish the job.
2007-12-11 14:27:01 · answer #2 · answered by MoneyMatt 4 · 0⤊ 0⤋
That is the whole point of getting quotes. If the quote is in writing, then they have to abide by the quote. Read the quote and see what is said there. I would approach the person over this guy and keep going up until I found someone to listen. If they are licensed thru the state contractor's board, you may have something to go on there too. Make sure that one way or the other, you post a complaint with the Better Business Bureau and the contractor's board (if a member).
2007-12-11 13:50:12 · answer #3 · answered by T 5 · 0⤊ 0⤋
Even if the quote is in writing, there is likely a disclaimer somewhere stating that it’s only an estimate and is subject to change. If so (and every company I’ve ever dealt with has had such a disclaimer), then Dad can’t force them to do the work for the initial quote. He could probably file a complaint with the Better Business Bureau, but I doubt it would do him any good…the company would simply have a complaint on file.
2007-12-11 14:02:32 · answer #4 · answered by kp 7 · 0⤊ 0⤋
some estimates include a clause that states there is a 10% variance. It the contract states that, and the carpet was for like 4,000, then the company is within the law. Just go back, and read the contract that was signed
2007-12-11 13:53:54 · answer #5 · answered by wellaem 6 · 0⤊ 0⤋
if there was a contract signed that states they will do it for X amount then they only pay that much. But it is just an estimate so the carpet people are just slimey and want money. I would tell them either give it to us at the original quote or we go somewhere else...they might honor that price
2007-12-11 13:48:25 · answer #6 · answered by Rina 5 · 0⤊ 0⤋
Legally:
You parents have every right to inforce the contract. It isn;t your parents fault that the employee that measured for the carpets was incompotent. It was the carpet companies mistake and they need to suck up the cost.
Morally - Your parents should pay for the "proper" square footage that is carpeted.
2007-12-11 14:04:12 · answer #7 · answered by buggerhead 5 · 0⤊ 0⤋