dsc
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Post by dsc on Nov 14, 2021 7:38:51 GMT -8
The 2000th Thread on Bru1zone!🏆
After the contract has been signed, he emailed me to say that prices of panels are increasing due to the supply chain crisis and I have two choices
- Pay for the equipment at the current price now and store it in my garage. - Pay the increased price later
How is this even legal? This looks shady as hell. Besides this, their conduct has been really unprofessional. They gave me only two days to make an arrangement for the delivery. I don't have that kind of space in my garage. He also called this a "change over." Nothing changed. And also they call their offer to get me to pay and store it in my garage a "savings." These people seem shady as hell.
So if I refuse to pay for the price increase, they say they will cancel the project and bill me over $1000. What kind of recourse do I have? Never had this kind of drama with a contractor before.
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Post by mhbruin on Nov 14, 2021 11:29:01 GMT -8
I am sorry to hear about your problems. It sucks being taken advantage of.
I have heard several horror stories from people installing solar on their homes. That is one reason I have stayed away from it.
Of course, I have also heard from people who are very happy they did it.
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hasben
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Post by hasben on Nov 14, 2021 15:56:30 GMT -8
How much time elapsed from the time they sent you the contract and you signed and returned it? Was it only days or did you hold it for weeks or a month?
I like amadbruin's idea on the other forum. You can tell them you are very unhappy and won't pay the increased price or a cancellation fee (unless that fee is in the contract). Tell them if they won't work with you that you will leave very negative reviews on google, yelp, the BBB, the state licensing board, and Angi. Even one lost job because of your reviews would cost them 10x the extra they want you to pay.
You replied that you don't have time. You don't have to actually write all the reviews just tell them you will do it if they won't work with you. If they have any sense at all they will waive the xtra fees.
Lastly, make sure you talk to the owner of the company not some field rep.
If you only want to cancel the job and don't want them to waive the price increase and do the installation then the same thing applies. Only talk to the owner. Tell him you will not pay a cancellation fee and you will leave all those reviews and take them to court if they don't waive it. If there is a cancellation fee provision in the contract you're probably screwed.
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dsc
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Post by dsc on Nov 14, 2021 16:24:29 GMT -8
How much time elapsed from the time they sent you the contract and you signed and returned it? Was it only days or did you hold it for weeks or a month? I like amadbruin's idea on the other forum. You can tell them you are very unhappy and won't pay the increased price or a cancellation fee (unless that fee is in the contract). Tell them if they won't work with you that you will leave very negative reviews on google, yelp, the BBB, the state licensing board, and Angi. Even one lost job because of your reviews would cost them 10x the extra they want you to pay. You replied that you don't have time. You don't have to actually write all the reviews just tell them you will do it if they won't work with you. If they have any sense at all they will waive the xtra fees. Lastly, make sure you talk to the owner of the company not some field rep. If you only want to cancel the job and don't want them to waive the price increase and do the installation then the same thing applies. Only talk to the owner. Tell him you will not pay a cancellation fee and you will leave all those reviews and take them to court if they don't waive it. If there is a cancellation fee provision in the contract you're probably screwed. I signed it on 10/26. I signed it within days. When I said I didn't have the time, I was referring to him accosting potential customers at Costco and campaigning against the company. I can be a keyboard warrior though. lol. Threat to post negative reviews will come later. I am still in the process of communicating with them. Strangely enough, it's the CEO who's been in contact with me. It seems like a sizable company with at least three branch locations, but yet, he is involved in the details of a $11,000 project. Here is a sentence from his last email: "I do not appreciate how you acted towards Francis by hanging up on him." Francis is the field rep. I never hung up on him. I've repeatedly ask to cite from the contract how he can force a price increase or storage, he has yet to do that.
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hasben
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Post by hasben on Nov 14, 2021 16:46:30 GMT -8
Is there a cancellation fee provision in the contract?
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dsc
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Post by dsc on Nov 15, 2021 12:54:09 GMT -8
Is there a cancellation fee provision in the contract? The language is rather vague. The owner now threatens to charge me "in excess of $700" as a cancellation fee. As far as I am concerned, he is the one cancelling. At this point, there is no way I will work with him. So he can send me the bill, and I will pursue this matter with the Better Business Bureau and the state agency. I suppose we can duke it out in front of the small claims court.
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Post by gr8lurburt on Nov 17, 2021 8:12:51 GMT -8
Just call CSLB.
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Post by mhbruin on Nov 17, 2021 9:20:30 GMT -8
Been there. Done that. I got $14,000 in an arbitration, but it was a long process. I don't think they have a mechanism for handling this. But it is worth a call. OTOH, do you have to be a licensed contractor to install solar?
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dsc
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Post by dsc on Nov 17, 2021 10:20:40 GMT -8
Been there. Done that. I got $14,000 in an arbitration, but it was a long process. I don't think they have a mechanism for handling this. But it is worth a call. OTOH, do you have to be a licensed contractor to install solar? I am going to talk to both BBB and CSLB. Why just CSLB? There's a whole Facebook page group for Solar DIY. So I guess you don't need to be a licensed contractor?
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dsc
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Post by dsc on Nov 17, 2021 10:30:21 GMT -8
I found this installer through a website called energysage.com. The platform provides a marketplace where when you sign up, solar installers can bid on your house. Supposedly, the installers have been heavily vetted to do business on their site. I brought it to their attention, and they've decided to rule in favor of the installer. So this was my reply to them.
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Post by Born2BBruin on Nov 17, 2021 13:27:52 GMT -8
Why is energysage even involved in the dispute? Do you have a contract with them? I'll bet you a quarter the contractor has a contract with them. They're hardly an impartial arbiter.
IMO, you're bending over backwards to make this harder than it should be.
The contractor is breaking the contract. You should just tell them they're in material breach, but you're willing to let them walk away just to be done with them.
But if they continue to harras you, you'll sue them for breach, and seek restitution for your personal time, lost time working with another contractor, and opportunity cost for any increase in material or labor cost due to the delay of working with them in the first place.
You should also let them know you're considering referring the case to the police department for investigation of possible fraud and extortion.
And definitely put the material breach part in writing.
And do it today.
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dsc
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Post by dsc on Nov 17, 2021 13:50:20 GMT -8
Why is energysage even involved in the dispute? Do you have a contract with them? I'll bet you a quarter the contractor has a contract with them. They're hardly an impartial arbiter. IMO, you're bending over backwards to make this harder than it should be. The contractor is breaking the contract. You should just tell them they're in material breach, but you're willing to let them walk away just to be done with them. But if they continue to harras you, you'll sue them for breach, and seek restitution for your personal time, lost time working with another contractor, and opportunity cost for any increase in material or labor cost due to the delay of working with them in the first place. You should also let them know you're considering referring the case to the police department for investigation of possible fraud and extortion. And definitely put the material breach part in writing. And do it today. All that seems like a lot more work. I am going to file complaints with BBB and CSLB and see what comes out of this. I will probably get a bill for cancellation. I have not yet.
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Post by Born2BBruin on Nov 18, 2021 9:46:46 GMT -8
All that seems like a lot more work. I am going to file complaints with BBB and CSLB and see what comes out of this. I will probably get a bill for cancellation. I have not yet. IMO, it's less work to tell the contractor they're the one breaking the contract, than go to third parties that either have no desire or no teeth to support your position. You've already decided you don't want to do business with the contractor because you can't trust them. You're going to have to tell that sooner or later, and it really should be sooner. Delaying the inevitable only puts you at further risk. They broke the contract. You know it, and they almost certainly know it. You really should just tell them that and get it over with. But it's your house, your money, and your time. Best of luck.
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