Refund of a deposit (from contractor)???

[Waldo]

How long does a company have to refund a deposit? Gave a deposit last month for wood floors...still getting the run-around about wood availablity, etc. I want my deposit back asap. The guy told me that they cut checks on the 1st or 15th and I have to wait. Also states on the purchase agreement that he has 30-90 days to refund $. Just sux cause the day we gave him the deposit, he was at my bank 5 minutes later (I walked in just after him).

[Schiada76]

He has twenty days to start or he is in violation of state law.
Tell him to pay up, you're calling the contractors board and filing a claim in small claims today.:D

[Waldo]

Twenty days to start work or twenty days to refund the deposit?
I already told him we're not going to use him and want our $ back.

[YeLLowBoaT]

he has 20 days unless the contract states other wise.( IE ordering material or start on this date/ after this guy gets done.) Realisticly your going to have a hard time getting him to pay up. You did sign something that stated refunds will be sent out in 30-90 days for materails. So I would not expect you will see that money for atleast a month. Now on the labor, you can get that money back real fast, but my guess is he only took money for materail...

[Moneypitt]

Does he have a Cal st contractors license? ( I assume your house is in Ca). Call the state licensing board. Cashing the check 5 minutes later doesn't look good. Why didn't he just deposit it through normal chanels? Ask him for supplier info to verify the delay in materials. This 1st and 15th, to cut a "company" check smells fishy, and when does the 30-90 days refund delay start?. I would be in his face everyday, follow him to other job sites and warn customers what you're going through. Again, doesn't look good. PM me with his company name, the brand and stock number of the material and I may be able to verify a shortage or not..........MP

[YeLLowBoaT]

Once you have a signed contract with out a expressed start date, he has 20 days to start on the job. Now, the hard part is what do you call starting on the job. posting a sign and leaving tools there is not starting. if he sets up the tools however he has started on the job. in this case if so much as came over and pulled one base bored or one corner of the carpet he has started.

[Schiada76]

Twenty days to start work from the date stipulated on the contract or he is in violation of state law. He would have to refund deposit immediately. He's stalling you. Did he use a "Contract for Home Improvement"? If not the contract is null and void and he is violation for not using the proper contract. They will fine him for that. Did you check his license?

[YeLLowBoaT]

Does he have a Cal st contractors license? ( I assume your house is in Ca). Call the state licensing board. Cashing the check 5 minutes later doesn't look good. Why didn't he just deposit it through normal chanels? Ask him for supplier info to verify the delay in materials. This 1st and 15th, to cut a "company" check smells fishy, and when does the 30-90 days refund delay start?. I would be in his face everyday, follow him to other job sites and warn customers what you're going through. Again, doesn't look good. PM me with his company name, the brand and stock number of the material and I may be able to verify a shortage or not..........MP
cashing a check right then at the checks issuing bank is very commen. I NEVER put a check in my bank. I always go to yours. That way if it bounces I'm only out time and you owe me $25 dallors. I will never work for you again unless its cash only up front.( if that) Thats very standard for a contractor to do... too many crooks out there. only issuing a check on the 1st or 15th is also very commen. If you use a pay rol service and you have them cut a check on any other time then normal they charge you up the wazzu.( It averages me about $15)

[lewiville]

Waldo,
what company is it. I do buisness with a lot of flooring company's down in South O.C. If you can tell me who they are I can tell you if your going to get your money back. I have a few that owe me lots of $$$ and are on the verg of going BK.

[Waldo]

Just so happened that we went to the same teller. He banks at my bank so the funds were drawn immediatley. No biggy, just fishy.
My fault for not checking his license and all his info is at my house. He was referred by a friend that has used him three times with no issues. And he just finished my sister's house (and his working on their neighbor's house as we speak).
The style of wood we wanted a distressed, topaz (I think), french bleed if I remember correctly. He stated that his distributor only had 400 feet and that they wouldn't be getting any more (last year's stuff). He would always state that HE was waiting for "this year's" product and samples of that particular style from the distributor.

[YeLLowBoaT]

Just so happened that we went to the same teller. He banks at my bank so the funds were drawn immediatley. No biggy, just fishy.
My fault for not checking his license and all his info is at my house. He was referred by a friend that has used him three times with no issues. And he just finished my sister's house (and his working on their neighbor's house as we speak).
The style of wood we wanted a distressed, topaz (I think), french bleed if I remember correctly. He stated that his distributor only had 400 feet and that they wouldn't be getting any more (last year's stuff). He would always state that HE was waiting for "this year's" product and samples of that particular style from the distributor.
Now I have no idea how long this has been going on, but thats actaully very normal for a floor layer to wait til he can get a sample from the lot he will actually pull stock from. I personally would never lay a floor from 2 diffrent production runs/ lots. Normally they are "close", but you can can see a diffrence.
I don't want to sound like I am defending him, since I don't know what went on and what was said, but so far( from the info I was given) nothing he has done has been illegal or unethical. Just not that great for cusomer service.

[topless]

If he is a California contractor, go to http://www2.cslb.ca.gov/CSLB_LIBRARY/license+request.asp
It doesn't sound like he's doing anything wrong but check it out anyway.

[YeLLowBoaT]

If he is a California contractor, go to http://www2.cslb.ca.gov/CSLB_LIBRARY/license+request.asp
It doesn't sound like he's doing anything wrong but check it out anyway.
I didn't know they had that... I've always just called in when I was looking at a sub... thanks.
they have my address wrong... i'm going to have to fix that.

[Waldo]

Waldo,
what company is it. I do buisness with a lot of flooring company's down in South O.C. If you can tell me who they are I can tell you if your going to get your money back. I have a few that owe me lots of $$$ and are on the verg of going BK.
The buisness name is FHS something (Tony)...Like I said prior, the paperwork is at home. I'm trying to get the name/lic# but noone is home. I didn't see any FHS business listings on the CSLB website.

[topless]

The buisness name is FHS something (Tony)...Like I said prior, the paperwork is at home. I'm trying to get the name/lic# but noone is home. I didn't see any FHS business listings on the CSLB website.
If you know the guys name you can look it up that way too.

[lewiville]

The buisness name is FHS something (Tony)...Like I said prior, the paperwork is at home. I'm trying to get the name/lic# but noone is home. I didn't see any FHS business listings on the CSLB website.
Im not familar with that company.
There are a lot of Iranian flooring company's out there and they are ripping people off, including us advertisers. There is only one good flooring company that I know of in Mission Viejo called Direct Carpet Sales. Go see Jeanine, she's cute to. Tell her Dan Lewis sent you. She can make you very happy.

[OCMerrill]

PM me who it is. I know many flooring contractors in South OC. I am a B1 in Mission Viejo and sub stuff out all the time. I might be able to tell you to get aggressive or if I know them personally...make a call on your behalf?
Just a thought. I don't want to BBQ Hot Boat trial anyone.
I also do check runs on the 1st and the 15th so that is common.
I don't run checks to banks to see if a Job start is worthy but, I don't do private work anymore. That really doesen't should to fishy to me. I have been known to run (sometimes real fast) checks I receive in the mail to the bank to cover payroll:eek:
Also - Waiting on special (out of the norm) stuff is a pain for contractors. If he is the real deal his issues could be truthful. I remember waiting on a pre-hung special order front door as it got back ordered. The Home owner was furious. What the hell could I do? Not much.

[OCMerrill]

The buisness name is FHS something (Tony)...Like I said prior, the paperwork is at home. I'm trying to get the name/lic# but noone is home. I didn't see any FHS business listings on the CSLB website.
Sorry I held the replay box up to long and did not see this.
I do not know who this is. His Lic number (had better be) is on your paperwork. Use the link from Topless to check it out.

[Waldo]

Well...Just got off the phone with him. According to state law he has 10 days after given written notice to refund our deposit. I told him that and he still wanted to "send a check" on the first. I then asked if he was working with a license...Nope (was using my dads but that's not working out, etc...).
I then informed him he has 10 days from today to refund our $ or a complaint will be filed with the state on that issue, as well as, him working w/o a license. He then got mad at me for busting his balls. I calmly told him "If that's what it takes to get our money back in a timely fashion, I will continue to do so."
He told me we'd have our $ on the 31st...exactly 10 days from today.:D
Hopefully is works out.

[topless]

Well...Just got off the phone with him. According to state law he has 10 days after given written notice to refund our deposit. I told him that and he still wanted to "send a check" on the first. I then asked if he was working with a license...Nope (was using my dads but that's not working out, etc...).
I then informed him he has 10 days from today to refund our $ or a complaint will be filed with the state on that issue, as well as, him working w/o a license. He then got mad at me for busting his balls. I calmly told him "If that's what it takes to get our money back in a timely fashion, I will continue to do so."
He told me we'd have our $ on the 31st...exactly 10 days from today.:D
Hopefully is works out.If not, go to www.labbb.org and file a complaint as well as with cslb.

[topless]

Wait a minute, this month only has 28 days.

[YeLLowBoaT]

so you gave him to the 3rd and he says he will pay you on the 1st.... lol thats forcing his hand...

[Baja Big Dog]

HMMMMMMMM......BATTER UP????:confused:

[Waldo]

so you gave him to the 3rd and he says he will pay you on the 1st.... lol thats forcing his hand...
Just realized that...too funny.

[C-2]

He's full of shiat. The 1st and 15th story is an excuse for "I don't have the money, but am praying some comes in."
If he doesn't have a license - then why is anybody concerned aboyut a contract? He's not licensed, so no contract exists.
Tell him he has one week, or your taking it to the DA.

[Sportin' Wood]

I'm with C2. No contract..
People don't use non lic. contractors! Do a little home work before you give a deposit.

[topless]

No license, no recourse. You might have to go to court on this one.

[YeLLowBoaT]

He's full of shiat. The 1st and 15th story is an excuse for "I don't have the money, but am praying some comes in."
If he doesn't have a license - then why is anybody concerned aboyut a contract? He's not licensed, so no contract exists.
Tell him he has one week, or your taking it to the DA.
The DA won't do shit to him... They don't care, on the other hand the lic board will care...
Also something that is not well known. if you hire some one that does not have a contractors lic you don't have to pay them.( if the job is over 500 in labor and materails.) they have no recorse, the only thing they can do is sue for the materail/ sub costs. They can not make a dime on it.
That being said, most of the better tradesmen I know are NOT lic. Some of them have been working for 25+ years that way. Or use some one else CL, which does not really bother me. As long as they keep every thing on the level and don't try to skrew ppl.
The way its set up, if some one files a claim( rather its bs or not) you can not legally work until the investagation is done. Which will take some where between 6-18 months. I know more then one contractor that has had a BS claim that has made them lose every thing they owned. The last guy I worked for in college got nailed for doing the home owner a favor( unbid extra) We were poring a footings for a paito cover. whe had about 3/4s of a yard of mix in the truck( had to buy a full truck) so we offered to pore a small slab for the trash can to sit on out front( one of those what do we do with this now type of deals)... guess what 6 months latter it cracked. And the bitch filed a complaint saying we did it wrong. had 2 other contractors come out and say it need wire mesh. lady tried to get us to get him to come back out and fix it. he told her no, so he lost in GC and his bond got hit. He can never legally work again until he repays his bond, which should have never been paid in the 1st place.( nice to know that your bonding company stands up for you huh?)
Kind of makes me wish I was doing every thing under the table... I would make way more money and would not have to worry about that type of bs.
Sorry about the rant... I just hate how they contractors board works... so much bs... even the test they have is BS...Some of the Qs are so simple its not even funny and some of them are so far out of left you wonder where they are coming from.

[Waldo]

We talked again and it was a lot nicer this time. Since I busted his balls, I told him about the calendar mix up...He promised to deliver a check on the 1st. We'll see how it pans out.
Live and learn. We just assumed he was licensed as he's done work several times throughout the years for some friends of ours.
Thanks for the input guys/gals.

[C-2]

The DA won't do shit to him... They don't care, on the other hand the lic board will care...
.
You don't know that, but that's not the point.
Nobody wants a nosy, ambitious DA investigator poking around their business dealings. If somebody has a history, or similar past transactions, then the DA might very well show an interest. I've helped the process along more than a few times.
The mere threat of going to the DA, or the threat of going to the board, sometimes does wonders.
Otherwise it's like Topless points out -see ya in court.

[Schiada76]

Fawk him!
Tell him you get a check tomorrow or you report him to the CSLB and file a small claims suit.
Lying punk azz bitch!:D

[77charger]

If he is unlicensed good luck getting refund.They have nothing to lose.
But on the flip side if he was to try and collect for a job he did that a homeowner decided he wasnt going to pay he cant collect it that easy either