My question involves a consumer law issue in the State of: Florida
Sorry in advance for the long post, but I feel the background provides context.
My mother, an elderly woman, solicited someone to provide an estimate to cut down some trees. They presented the estimate, talked her into signing the estimate (to make it a contract, according to the company) and also providing a 50% down payment - which they almost immediately took to my bank and cashed. After they left, my mother discussed the issue with me and I told her the price was bad and the terms were awful and she should get the money back. She spoke with the owner of the company on the 3rd business day and asked for a refund. He refused to provide one. Even though his estimate includes language that says "If you cancel after accepting a job there is a 10% cancellation fee", he would not even provide the reminder 90% back! The owner's wife called my mother later to discuss the problem, and said she would talk to her husband and call mom back the next day. It has been a week and no calls.
According to Florida Administrative Code 2-18.002, "home solicited sales" (which, my understanding, means sales for goods or services, made at the buyer's home, in an amount greater than $25) must include a 3 day right of rescission, and must include language specified in that same statute regarding the right to rescind the contract. The estimate provided does not include that language, and the company obviously is refusing to honor the law.
Also, he wanted to leave the stumps and trimmings "at the street for county pickup" (as stated on the estimate.) My city has Ordinances that says this is not allowed. Any trimmings by a commercial tree surgeon or other similar company must be removed, and not left for the city to remove. My understanding is that you cannot contract an action that is illegal, so would including the language about leaving the trimmings for the city to remove render the whole "contract" null, or just those specific terms?
I put together a letter outlining these two main points, and requested a refund. Unfortunately, the company does not provide a mailing address on the invoice - only an email address and phone number. I looked up the company's address on their license and sent the letter via Certified Mail but the letter was returned as expired forwarding order. (I have since found out that he was legally evicted from that residence, and has not provided an updated mailing address.) I also searched online for another company address, and found another one on Yelp and the Yellow Pages websites, and sent the letter there but it sits unclaimed at the post office.
My mother spoke to the owner again today, and he still refuses to give any refund. He also said he will be coming this weekend to cut the trees down. I sent him an email and provided a copy of the letter I tried to send via certified mail, and instructed him not to come onto our property or he will be considered trespassing and the cops will be called. In the last 5 or so hours, he has not responded to that email.
To summarize, my questions are: Am I understanding the FAC 2-18.002 correctly, and that it should apply in this case? And, if I do not know this persons current mailing address, what do I do? Without an address, I can't serve him. I don't know what my next steps should be.
Thanks in advance for any help!
Sorry in advance for the long post, but I feel the background provides context.
My mother, an elderly woman, solicited someone to provide an estimate to cut down some trees. They presented the estimate, talked her into signing the estimate (to make it a contract, according to the company) and also providing a 50% down payment - which they almost immediately took to my bank and cashed. After they left, my mother discussed the issue with me and I told her the price was bad and the terms were awful and she should get the money back. She spoke with the owner of the company on the 3rd business day and asked for a refund. He refused to provide one. Even though his estimate includes language that says "If you cancel after accepting a job there is a 10% cancellation fee", he would not even provide the reminder 90% back! The owner's wife called my mother later to discuss the problem, and said she would talk to her husband and call mom back the next day. It has been a week and no calls.
According to Florida Administrative Code 2-18.002, "home solicited sales" (which, my understanding, means sales for goods or services, made at the buyer's home, in an amount greater than $25) must include a 3 day right of rescission, and must include language specified in that same statute regarding the right to rescind the contract. The estimate provided does not include that language, and the company obviously is refusing to honor the law.
Also, he wanted to leave the stumps and trimmings "at the street for county pickup" (as stated on the estimate.) My city has Ordinances that says this is not allowed. Any trimmings by a commercial tree surgeon or other similar company must be removed, and not left for the city to remove. My understanding is that you cannot contract an action that is illegal, so would including the language about leaving the trimmings for the city to remove render the whole "contract" null, or just those specific terms?
I put together a letter outlining these two main points, and requested a refund. Unfortunately, the company does not provide a mailing address on the invoice - only an email address and phone number. I looked up the company's address on their license and sent the letter via Certified Mail but the letter was returned as expired forwarding order. (I have since found out that he was legally evicted from that residence, and has not provided an updated mailing address.) I also searched online for another company address, and found another one on Yelp and the Yellow Pages websites, and sent the letter there but it sits unclaimed at the post office.
My mother spoke to the owner again today, and he still refuses to give any refund. He also said he will be coming this weekend to cut the trees down. I sent him an email and provided a copy of the letter I tried to send via certified mail, and instructed him not to come onto our property or he will be considered trespassing and the cops will be called. In the last 5 or so hours, he has not responded to that email.
To summarize, my questions are: Am I understanding the FAC 2-18.002 correctly, and that it should apply in this case? And, if I do not know this persons current mailing address, what do I do? Without an address, I can't serve him. I don't know what my next steps should be.
Thanks in advance for any help!
Service of Process: How to Sue Someone Without a Good Address
Aucun commentaire:
Enregistrer un commentaire