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Replies: 15
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All-In [36207]
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Need Some Free Legal Advice From Any Tiger Lawyers or
Aug 16, 2022, 5:29 PM
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Someone who slept at a Holiday Inn Express.
I'm am attempting to get a pool construction company in Texas to honor their Warranty to remedy a maybe $800-1,000 masonry issue. I really don't think it's worth small claims or litigation, but I would like the cracking issue fixed.
The crack appeared 6 months into the warranty period, upon which I notified one of their maintenance personnel verbally and showed him the crack in person to which he said he would have someone call me. Fast forward to now, 4 more verbal conversations in person with their maintenance guys in the interim and I finally get someone to send an email to handle. This person informs me I am 1 month out of warranty it's my problem.
No where in my contract is there a language stating method of warranty claim must be written. Are verbal communications with company employees, backed up by date/time and full name of 4 employees sufficient to establish date of claim was 6 months ago. Any advice appreciated. Thanks
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Oculus Spirit [76717]
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You can try, but they’ve got you in the sweet spot.
Aug 16, 2022, 5:37 PM
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Too little to lose by telling you to pound sand if you decide to sue and win/willing to risk you won’t sue and nothing to gain by honoring the claim in good faith regardless of not being in writing.
Sounds like todays typical no principle contractors.
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All-In [36207]
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Kinda what I was thinking...I suppose I'm am left with
Aug 16, 2022, 5:52 PM
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Strongly worded emails and a social media dox campaign as I had previously left them favorable reviews that I can go all Wokebiznatch screamer on.
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Oculus Spirit [76717]
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It’s more powerful than some give it credit for!
Aug 16, 2022, 6:25 PM
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Be heard!!!
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All-Conference [428]
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Re: Need Some Free Legal Advice From Any Tiger Lawyers or
Aug 16, 2022, 5:57 PM
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Ur only hope- without spending more in court cost- attorney fees - is to threaten to go public and/or start social media campaign . Maybe threaten to involve BBB
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110%er [5381]
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Re: Need Some Free Legal Advice From Any Tiger Lawyers or
Aug 16, 2022, 6:19 PM
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South Carolina is a Right to Cure state. I honestly do not know if it would cover a pool. It is worth doing some googling and reading to see if it applies to your situation.
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Oculus Spirit [76717]
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This is the Lone Star state he’s in.***
Aug 16, 2022, 6:26 PM
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110%er [5381]
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Re: This is the Lone Star state he’s in.***
Aug 16, 2022, 6:34 PM
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Thanks. I looked it up and it appears that Texas is too. Filing the paperwork tends to get a contractors attention.
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Oculus Spirit [76717]
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Buddy of mine in Georgia is a attorney and had
Aug 16, 2022, 7:32 PM
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A contractor tile is bathroom. The guy just cluster-f’d it. He ran, of course. Bout 8’grand worth, but this crazy nut chased down his last known address and stalked him, had him served and collected, ? It was a great story, but he’s lucky not to have gotten shot.
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All-In [38451]
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I have stayed at Motel 6
Aug 16, 2022, 6:21 PM
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Don't let the -- wear you down.
Small claims is a thing. You don't need a lawyer. You can file up to $10K, so include your personal expenses like loss of pool use, even the costs of your day in court. Be creative, pad the bill as much as possible.
Maybe they will then just do right by you as opposed to showing up. If they don't show you will most likely win.
Look at it as a fun adventure. Take lots of papers with you, even if they have no relevence. Bring a witness (wife).
For just $85 you can harrass the hel out of them.
It will make you feel better even if you loose, then go have a nice meal to celebrate your standing up as a man.
Later in the week you can throw a cement block throught their windown and maybe smash a windshield.
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All-TigerNet [10903]
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Glam Camper here.
Aug 16, 2022, 6:32 PM
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Yep. Small claims. That's the route I had to go to get AT&T to stop billing and refund me for Internet where the (new) line wasn't even connected to the house.
I filed the papers. They had 30 days to respond. On day 28 they had a rep call me and agreed to 1) refund the overpayment; 2)come connect the cable; and 3) give me 12 months free Internet.
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All-In [27280]
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Re: I have stayed at Motel 6
Aug 16, 2022, 7:39 PM
[ in reply to I have stayed at Motel 6 ] |
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Tug, This is quite possibly the best internet advice i have ever read.
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110%er [8203]
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Re: Need Some Free Legal Advice From Any Tiger Lawyers or
Aug 16, 2022, 6:28 PM
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For that money pay someone to fix the crack before it gets any worse. Then send the warranty company via certified mail a copy of the repair invoice stating that they should reimburse you. At the bottom of your letter put a cc to a fictitious lawyers name. Then just get on with your life, never give it a second thought and enjoy your pool. If they ever send you any money, give me a TU.
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All-In [27280]
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Re: Need Some Free Legal Advice From Any Tiger Lawyers or
Aug 16, 2022, 7:37 PM
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go get some marine putty and be done with it. once you seal the crack the water weight will force the putty deep inside and plug the leak and prevent further cracking. If your worried about asthetics you can drain the pool and paint it. My in laws just went through this same problem. They finally got the pool company to “honor” the warranty and “fix” the crack. They were forced to drain their pool and the repair man came out and did a terrible job and three days later after refilling the pool, the repair started to peel.
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Oculus Spirit [93604]
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He said she said but in this case it's you said...
Aug 16, 2022, 9:28 PM
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and four of them said. They might claim you were congratulating them on a fine job.
Write a freaking letter and get it over with.
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CU Medallion [64517]
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Any time you're dealing with something like this...
Aug 17, 2022, 8:33 AM
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ALWAYS follow-up in writing to confirm any conversations/discussions you had.
The fact that they are taking this position when you clearly raised the issue within the warranty period speaks volumes about the character and integrity of your contractor.
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