Complaints

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• Initial Complaint

  Date:07/29/2024

  Type:Sales and Advertising Issues
  Status:

  AnsweredMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  When we purchased our house in ******** I wanted to make some upgrades to the very partially finished basement. Specifically a bathroom and a hobby room. Our realtors husband owns a construction company and I asked him to do the work. He said he had jobs booked for thd following six months or so. If I gave him a $3000 deposit he would hold our place in line. In November of **************************************************************************************************************** he had no intention to return my money. He had emailed me an agreement, but I never agreed to his terms. I never signed the agreement! He claims though I never agreed to his terms, it was a binding contract.

  Business Response

  Date: 09/19/2024

  In October of 2022, *** ********* approached us about building a bathroom in his basement.  We informed him that we were booked for the next six months, but we offered to secure the next available slot on our calendar for him by paying a security deposit.  *** ********* agreed, and we visited his property to scope out the work.
  
  Following our visit, we sent a Letter of Agreement to *** ********* via email on November 2, 2022.  The agreement clearly outlined the terms, including the non-refundable nature of the deposit, in plain, easy to understand language.  These terms are applied to protect our business in the event of a cancellation because rescheduling work is difficult and costly, and cancellations directly affect our ability to operate efficiently as a small business.
  
  Less than two hours after emailing the agreement to *** ********** he responded to our email stating that he would mail us a deposit check.  *** ********* now states that he did not sign the agreement and that he did not agree to the terms.  His response to our email, along with the payment we received in the mail, indicated his clear acknowledgment and acceptance of the terms of the agreement.  Legally, contracts can be enforced without signatures when there is clear evidence that both parties have reached an agreement.  His actions substantiate that understanding.
  
  We deposited *** ********** check into a holding account when we received it in November of 2022 and we reserved his spot on our calendar which meant postponing other client projects to honor our commitment to him.  Over the next several months, we had many pleasant interactions with *** and Mrs. ********** and everything was on track for us to begin the bathroom project on-schedule.
  
  On March 30, 2023just before we were scheduled to start the project*** and Mrs. ********* met with my wife for lunch.  During this meeting my wife attempted to confirm our starting date, and *** ********* casually mentioned that he had already hired another company to complete the project a few months earlier.  My wife states that *** *********** wife appeared surprised and embarrassed when she realized that her husband had not informed us of the cancellation earlier as he should have.  Needless to say, we were surprised and disappointed.
  
  During their lunch together, my wife states that *** ********* waved off the deposit, acknowledging that he understood it would be forfeited due to the cancellation.  Given this understanding, we didnt press the issue further.  However, the sudden cancellation did put us in a difficult position as we were left with a vacant slot on our calendar that we had to scramble to fill.  As a small business, keeping our crew busy is crucial for their livelihoods, and this sudden cancellation was something we took very seriously.
  
  In the following months, although I did not have direct communication with *** ********** my wife remained in touch with him & his wife.  They attended several social events together, responded to invitations, and maintained a positive relationship with us.  During this time, the bathroom project and the deposit were never mentioned again.  Contrary to *** ********** claim, he did not request a refund in November of 2023.
  
  After the project was canceled, we moved the deposit from our holding account and claimed it as revenue on our taxes for the following year.
  
  On February 28, 2024almost a full year after the initial notice of cancellation*** ********* reached out via text requesting the return of his deposit.  We reminded him that the deposit was non-refundable as stated in the Letter of Agreement that was provided to him.
  
  Collecting deposits is a common and legal practice in our industry and they protect businesses like ours from situations exactly like this.  Our position is that we communicated openly and often with the *********** we held their spot on our schedule for several months, and we were fully prepared to begin their project on-time.  We feel very strongly that we have not done anything wrong and we did not default on our side of the agreement.  We are also confident that *** ********* was quite aware of the terms of our agreement when he paid his deposit despite what he is claiming now.
  
  Toolbrush has been in business for 15 years and has completed millions of dollars worth of projects without issue.  We are an above-board company and we pride ourselves on over-communicating with our clients.  We are saddened by *** ********** accusations, especially since we believed we had a friendly and respectful relationship with him.  If he had informed us months earlier when he chose to hire another contractor, we would have been open to refunding his deposit.  Unfortunately, his failure to communicate caused us financial harm, which is why we collected a deposit in the first place.
  
  *** ********* defaulted on the agreement, and forfeiting his deposit is the legal consequence of that default.  We hope *** ******** can come to accept his responsibility and discontinue his efforts to reclaim the deposit for a project he canceled without proper notice.