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Old 01-16-2010, 09:10 AM
 
4 posts, read 15,796 times
Reputation: 10

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Hello!

I engaged a contractor to do some home repair work. He provided with a contract with hidden cost which I realized after signing the contract. He asked me to pay the initial payment in cash of $1000 and did not provide me with a receipt. I told him I cannot agree to his flawed contract and do not want his services. No work was started. The contractor is not returning my cash payment and does not respond to my attempts to contact him any more. Since I don't have a receipt for the cash payment is it possible for me to take any legal action against this contractor? I have my family as witness to the cash payment made in my house at the time of signing the contract.

Can some one please help?
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Old 01-16-2010, 09:31 AM
 
Location: Oxygen Ln. AZ
9,319 posts, read 18,747,810 times
Reputation: 5764
Quote:
Originally Posted by utharay View Post
Hello!

I engaged a contractor to do some home repair work. He provided with a contract with hidden cost which I realized after signing the contract. He asked me to pay the initial payment in cash of $1000 and did not provide me with a receipt. I told him I cannot agree to his flawed contract and do not want his services. No work was started. The contractor is not returning my cash payment and does not respond to my attempts to contact him any more. Since I don't have a receipt for the cash payment is it possible for me to take any legal action against this contractor? I have my family as witness to the cash payment made in my house at the time of signing the contract.

Can some one please help?
Becomes a "he said, she said." Unfortunately without any form of proof you may be up a creek. What did his cancelation clause in his contract say? You can try, but it will be hard to dispute. What state are you in and what do the contractor laws say about these things?
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Old 01-16-2010, 09:50 AM
 
Location: Pomona
1,955 posts, read 10,982,832 times
Reputation: 1562
Is this guy licensed? If not, you're pretty much SOL, and chalk it up as a learning lesson.
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Old 01-16-2010, 09:57 AM
 
4 posts, read 15,796 times
Reputation: 10
Quote:
Originally Posted by Narfcake View Post
Is this guy licensed? If not, you're pretty much SOL, and chalk it up as a learning lesson.
Thanks! he represents a company, i didn't check if he is licensed because he came through multiple references of our friends. I know it's not worth hiring a lawyer for the amount at stake of $1000. I guess this is a learning lesson for me.
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Old 01-16-2010, 12:34 PM
 
6,902 posts, read 7,537,921 times
Reputation: 2018
Quote:
Originally Posted by utharay View Post
Hello!

I engaged a contractor to do some home repair work. He provided with a contract with hidden cost which I realized after signing the contract. He asked me to pay the initial payment in cash of $1000 and did not provide me with a receipt. I told him I cannot agree to his flawed contract and do not want his services. No work was started. The contractor is not returning my cash payment and does not respond to my attempts to contact him any more. Since I don't have a receipt for the cash payment is it possible for me to take any legal action against this contractor? I have my family as witness to the cash payment made in my house at the time of signing the contract.

Can some one please help?

NEVER NEVER NEVER NEVER Pay in cash....did i say NEVER. There really is nothing you can do without proof that you handed over the money. This is one of those lessons learned.
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Old 01-16-2010, 01:22 PM
 
4 posts, read 15,796 times
Reputation: 10
Quote:
Originally Posted by MotleyCrew View Post
Becomes a "he said, she said." Unfortunately without any form of proof you may be up a creek. What did his cancelation clause in his contract say? You can try, but it will be hard to dispute. What state are you in and what do the contractor laws say about these things?
the contractor is also holding our house keys and he is not responding to any communication to return the keys and the cash. The mistake I made was to not get proof of the cash payment except for third party presence. This in IL state, there are multiple state laws that clearly state contractors should not misrepresent the total cost in the contract. Also IL has 3 days cool off law to cancel.

how do i get this contractor and his company to return my house keys?

can i file a small claims lawsuit with the IL atty general? can I contact the cops for the keys?
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Old 01-16-2010, 02:57 PM
 
Location: A little suburb of Houston
3,702 posts, read 18,215,075 times
Reputation: 2092
You could file small claims and show proof where you withrew 1000 from your bank account to pay the guy. I would change the locks immediately and charge for rekeying the locks.
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Old 01-16-2010, 03:33 PM
 
4 posts, read 15,796 times
Reputation: 10
Quote:
Originally Posted by Poltracker View Post
You could file small claims and show proof where you withrew 1000 from your bank account to pay the guy. I would change the locks immediately and charge for rekeying the locks.
Thanks! I have that proof. I also have emails from this contractor asking me to pay the amount in cash when signing the contract. He has also emailed me the detailed misleading invoice.

I will change the locks and add the cost to the small claims lawsuit.
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Old 03-06-2011, 02:11 PM
 
1 posts, read 3,248 times
Reputation: 10
We took out a construction loan on our house and hired a contractor to build our house we have been unable to get any receipts for certain items that hold warranties how can we get them?
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Old 03-06-2011, 02:17 PM
 
Location: NC
1,695 posts, read 4,675,874 times
Reputation: 1873
Quote:
Originally Posted by karina22# View Post
We took out a construction loan on our house and hired a contractor to build our house we have been unable to get any receipts for certain items that hold warranties how can we get them?
a lot of times you can call the manufacturer with the serial number and they can validate the warranty. not always, but worth a shot.
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