Small claims for defective flooring ? (sales, insurance, lawyer)

[ejohnson49]

Last Aug I had laminate flooring installed in my entire home. The cost was 4500.00. the instaler was recommended to me by the sales person who designed my new kitchen. He was stated to be ethical and would fix any issues of they arouse. I (unfortunately) had a verbal agreement with him and his partner to install the flooring for above said price. Installation was done, floor looked good - really good. Now the bad stuff. I asked for the paperwork many times on the warranty for the floor
- never got it. I called him back. He finally came 3 times and agreed the floor was buckling, scratched way too easily, and needed to be corrected. He agreed to bring out the manufacturer to see the floor. He did not and will not answer my calls. I want to sue him in small claims for the floor and wonder if anyone can tell me how I might fare in that area. I have no contract - STUPID..... I did have verbal agreement and he did cash my checks. Suggestions ????

[Mattie]

Have you tried contacting the manufacturer directly?

[runswithscissors]

Originally Posted by ejohnson49

Last Aug I had laminate flooring installed in my entire home. The cost was 4500.00. the instaler was recommended to me by the sales person who designed my new kitchen. He was stated to be ethical and would fix any issues of they arouse. I (unfortunately) had a verbal agreement with him and his partner to install the flooring for above said price. Installation was done, floor looked good - really good. Now the bad stuff. I asked for the paperwork many times on the warranty for the floor
- never got it. I called him back. He finally came 3 times and agreed the floor was buckling, scratched way too easily, and needed to be corrected. He agreed to bring out the manufacturer to see the floor. He did not and will not answer my calls. I want to sue him in small claims for the floor and wonder if anyone can tell me how I might fare in that area. I have no contract - STUPID..... I did have verbal agreement and he did cash my checks. Suggestions ????

One way to guess about your probable success or failure is to find case law or similar cases to yours online. LIke google flooring small claims damage plaintiff words like that.

At least you have cashed checks so he'd have to make up a whopper of a lie to get out of that. Its all about what the law says not what's right or wrong, unfortunately.

Did you have any other people witness any conversations or anything.

Does he still advertise? Does he have a truck and stuff with his name on the side.

Not even a receipt for the work? WTH, sorry.

With a receipt you could call the manufacturer yourself. Do you have any boxes left over with identifying numbers of the manufacturer stuff?

Go get a free/cheap consultation with a lawyer who specializes in personal injury and liability type stuff. Get one who has been practicing for at least eight or so years and ask before you go in there.

If you can prove he's still in business you may have a chance with the Attorney General's office too.

Send him a registered letter advising him to respond by ten days or you're taking legal action. Dont lose the receipt for the letter ha ha.

Do you have his address?

Next I'd write to the SALESPERSON too and advise them the same thing. That you have been damaged and by their business association you feel they are responsible and you expect to hear from them in ten days or you're taking legal action, registered with receipt again.

Then write the very same thing to the president of the company the sales person works for.

And if you know the manufacturer information write or call them too. If they're nasty send them a law suit letter too. LOL EVERY TIME A BUSINESS HAS TO USE THEIR LAWYER IT COSTS THEM MONEY.

I did that with the creep car dealer here and I must have cost him about 7 hours in legal fees LOL.

Even if you feel it's not the salesperson's fault don't think like that. You sue anyone who even stepped foot into your house or was involved with your situation. And imagine how many other people the "designer" is screwing around with now.

Was the SALES PERSON the partner of the floor guy too?

Oh man this is good. Who does the sales person work for? I'd start raising hell wtih them and sue the sales person AND his employer company.

The reason you sue the company is because they likely have insurance and they will settle before incurring legal fees if it seems like you have a case. But you have to know how to write up a complaint correctly especially now.

There is a paralegal company here who does some work with private people helping them navigate around I think. You can also use complaints you find online as a guide but it's hard to do if you don't really have any experience with that stuff.

Maybe find a graduating law STUDENT that can help you compose a complaint?.