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wwwwd?


I have an appointment on Monday to speak to a real estate lawyer about this issue, but he costs $150 an hour, and that's where my problem is...

When we purchased our house last April there was some mold damage that needed to be repaired. The bank agreed to pay for it all. Part of the problem were the eaves of the house, so the overhang and gutters were replaced, the other part was the trellis/patio covering in the backyard.
Well the person living in the house refused to allow the first contractor to work on it, so another one was sent out. He removed the mold damage, but never put new downspouts on the gutters and never replaced the patio covering (he just removed it and hauled it away). The bank had paid for a new patio covering.

Turns out the construction guy was related to the person living in the house. We contacted the construction guy and asked what the bank asked him to do and could we see copies of the paperwork he received, because our paperwork says there was to be a new overhang in the backyard, and downspouts are a pretty important part of a gutter system, right?
Well that guy calls my H back and completely cusses him out saying stuff like "what's your effing problem? I know where you effing LIVE". Yeah.

So here's my issue: There's maybe $1000-2000 worth of raw materials and stuff that needs replaced. I kind of want to go the lawyer/court route just because the construction guy is such an asshole, but I'll probably spend more doing that then I would if we just replaced the stuff ourselves.

so uh, wwyd? I know my H wants to go the court route for JUSTICE...but I don't care about that too much. I just want my freaking patio overhang and it's been almost a year.
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Re: wwwwd?

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    ReturnOfKuusReturnOfKuus member
    First Anniversary 5 Love Its First Comment Name Dropper
    edited December 2011
    I vote with your husband.  It's the principle of the thing!
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    TheDuckisTheDuckis member
    5 Love Its First Anniversary Name Dropper First Comment
    edited December 2011
    I would want justice, as long as I could afford it. It's possible that a nice nasty letter from a lawyer and a threat to file a report with the BBB will whip this guy into shape, so I'd definitely go that route first. I'd reevaluate if it turned into a court battle, but I'd completely eviscerate the guy on Yelp and any other rating service there might be.
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    6fsn6fsn member
    First Anniversary 5 Love Its Name Dropper First Comment
    edited December 2011
    Small claims court?  If you have the documents saying it was supposed to be replaced and it wasn't then that could be a place.  No lawyers and cheap to file.
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    edited December 2011
    That's what I'm hoping duckis, that a nice nasty letter will do the trick. If he really did nothing wrong he would not have freaked out like that. And I fully plan to review him on every single public business review site after it's all settled.
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    mrsconn23mrsconn23 member
    First Anniversary First Answer 5 Love Its First Comment
    edited December 2011
    Go for justice and if you can, petition for them to pay your legal fees.  Ask the lawyer about that.  I would think you might be able to because it should have never come to this.  But I'm not a lawyer.
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    awesome-sauceawesome-sauce member
    First Comment
    edited December 2011
    and it's been almost a year.

    I have a for cereal question. Why has a year gone by? I wouldn't have been so patient. Have you and your H contacted him multiple times, in writing, or just the once?

    IMO, If your paperwork says it should have been replaced, I would agree with your H that the best place to go is a real estate lawyer.
    .
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    awesome-sauceawesome-sauce member
    First Comment
    edited December 2011
    I wonder if you do get a judgement against him, if you can also have the judgement include your attorney and court costs. Since he's the one causing the issue. ??
    .
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    edited December 2011

    You know what I'd advise.

    ..
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    zsazsa-stlzsazsa-stl member
    First Answer 5 Love Its Name Dropper First Anniversary
    edited December 2011
    I would be afraid that this guy would fill the downspouts with rotten meat as he installed them, but I'm a big chicken, so don't listen to me.
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    I just a friendly gal looking for options.

    Wedding Countdown Ticker
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    edited December 2011
    Awesome sauce- becuase we're stupid first time homebuyers. once we saw the work didn't get done we figured we just got hosed and we had more important stuff to do like get new flooring etc. We've been talking with our realtor and the pest company for a few months now though.

    Zsa, I definitley don't want him on my property again. Someone else will have to fix it.
    image
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