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  1. #1

    Default Contractor Took Deposit and Ran

    My question involves a consumer law issue in the State of: michigan

    Greetings. Back in june i gave a home remodeler a 1000 cash deposit for replacing a sliding door. The total cost is 2300. He took the cash, gave me a reciept, and said he would be back in about 2 weeks.
    2 wweks go by so i call. No answer. I call him om week 3 and he says he ordered the door too late so it will be a couple more weeks. I call him again in 2 weeks and he says they sent the door but its the wrong color and wait 2 more weeks. So of course its been 3 weeks and hes no longer answering or returning calls.
    What should i do?

  2. #2
    Join Date
    Jul 2018
    Posts
    1,643

    Default Re: Contractor Took Deposit and Ran

    Small claims court. Complain to the governmental entity that licenses contractors in Michigan.

  3. #3

    Default Re: Contractor Took Deposit and Ran

    Thats what i was gonna do, but cant he be charged with fraud? Can i sue for maybe twice what i gave him?
    I mean, i feel like he should be punished somehow.
    He does have a residential builder license so im definitley gonna file a complaint

  4. #4
    Join Date
    Jul 2018
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    Default Re: Contractor Took Deposit and Ran

    Quote Quoting Chickenman0710
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    cant he be charged with fraud?
    What you have described is a failure to perform (i.e., breach of) a contract. That's a civil claim, not a crime. In order to get an arrest, prosecution and/or conviction for fraud, you would need evidence that, at the time of contracting, the contractor had no intent to perform. Do you have any such evidence?


    Quote Quoting Chickenman0710
    View Post
    Can i sue for maybe twice what i gave him?
    You can sue for anything you like, but you won't prevail for anything more than your actual damages.


    Quote Quoting Chickenman0710
    View Post
    I mean, i feel like he should be punished somehow.
    He does have a residential builder license so im definitley gonna file a complaint
    That's the only way he'll be "punished."

  5. #5

    Default Re: Contractor Took Deposit and Ran

    Well i dont know if he was reading this thread but the day after i posted he called he came out today and put in the door.
    I really wonder if he saw the thread!

  6. #6
    Join Date
    Oct 2006
    Posts
    15,611

    Default Re: Contractor Took Deposit and Ran

    Quote Quoting Chickenman0710
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    Well i dont know if he was reading this thread but the day after i posted he called he came out today and put in the door.
    I really wonder if he saw the thread!
    He could have, or he finally had the money to order the door. He probably does this on a "serial" basis. He uses one clients deposit to buy the materials for a job that is higher in line than the client's and then just shuffles the money down the line until he finally gets to the client. Its not uncommon. Its a poor business practice but its not uncommon.

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