Contractor Took Deposit and Ran

[Chickenman0710]

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?

[pg1067]

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

[Chickenman0710]

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

[pg1067]

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?

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.

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."

[Chickenman0710]

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!

[llworking]

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.