i paid a contractor to do some work and he took my money what can i do in south carolina
Five Ways to Get Your Money Back From Bad Contractors
Millions of homeowners hire contractors every year, and are thrilled with the results they get, but it'due south "practically the norm of homeowners who get a horror story about their contractor instead," said Jody Costello, a San Diego resident and "pre-renovation motorbus." Costello runs a website dedicated to providing information and resource on the dos and don'ts of home remodeling, hiring contractors, and homeowner's rights. "It'southward the homeowner'southward responsibility to ensure that their rights are protected and non violated by unethical contractors," Costello said. "The contractors accept rights and the homeowners have rights. They understand both, and so should you lot." At the least, those unhappy homeowners are victims of contractor incompetence, and at worst they're victims of outright fraud and failure of performance.
Many homeowners consider contractor failure and their fiscal losses part of being a homeowner, but others cull to become after the contractor to recover their money. Is it worth the hassle, fourth dimension and effort? Yes, say experts. It is.
"It depends on what you've already lost and how mad you are," Costello said. Costello and her husband took a contractor to court 15 years agone and won. "Information technology was a long, expensive, fatigued-out fight," she said. But out of that was born her business concern: Contractors from Hell.
Plain, the best way to ensure you don't lose money to a fraudulent contractor, Costello says, is to do your due diligence and enquiry as much equally you lot tin earlier hiring them, like their credit scores, whether they're on a cash and bear, or credit basis with local suppliers, and how many liens and lawsuits they have confronting them. Just if you haven't done that at that place are things you'll need to do if you determine to pursue collection.
Homeowners have more options to get their coin back than they think. Using 1 or more will aid, only getting your money back is often a long, painful, and expensive process. It's improve, Costello said, to do your due diligence beforehand to ensure you're hiring a competent, legal contractor:
- Rent an attorney. It's some other expense and it takes time, just information technology's frequently the best option for getting your coin back if the amount is higher up what your land recovery fund allows in a complaint (typically $twenty,000).
- Small-scale claims courtroom. If the corporeality is $10,000 or less, or any limits your state'south small claims court allows for litigation, this might be your best option. No attorneys are allowed and you represent yourself with documentation, photos, contracts and other "evidence." If the contractor fails to bear witness for the hearing, you win by default. But, it's up to you lot to pursue collection of your claim/win.
- Contact the land's licensing board. Land Board's for Contractors licenses oversee the businesses engaged in the construction, removal, repair, or improvement of facilities on property owned by others. They result, and can cancel contractor licenses. Contractor licenses consist of two parts: the class of license (A, B, or C), which determines the monetary value of contracts/projects that may be performed, and the classification/specialty, which determines what blazon of work is allowed. The Lath also regulates private tradesmen, such as electricians, plumbers, etc. There are iii means to file your complaint with the board (Phone numbers vary from state-to-state, then search for your state board online by searching on your state, and filing a licensing complaint):
- Call to have a Complaint Grade mailed to you OR
- Employ the online complaint Grade, OR
- Download and Print a Complaint Form
The Board besides licenses individuals and firms engaged in residential building energy analysis, which involves evaluation of energy consumption and recommendations to amend energy efficiency.
- Contact the Better Business concern Agency (BBB). The BBB rarely files negative responses on dues-paying members, but their report to you may exist used to show a courtroom of law you accept wearied all avenues in seeking to get your funds returned.
- Consumer reporters. If you lot're lucky enough to alive in an surface area where at that place is a television, radio, or impress reporter who acts on the behalf of consumers to right wrongs and expose fraud, you might be able to take them investigate and report on your issue for free. But phone call your local television or radio station to ask.
- Withhold further payment. Contractors often "rob Peter to pay Paul," as the old saying goes. In other words, they use the funds they collect from 1 customer to complete or pay for the chore of another. It'southward a dangerous mode to run a business concern, but many contractors practise it. For contractors who have walked off of your job, or are ho-hum to complete sure phases of it, or to finish it, withholding payment is an first-class way to make your point and go your task completed. Make sure your contract specifies the conditions of payment first.
- Social media. In the twenty-four hour period of Yelp, Google Reviews, Facebook, Twitter, Instagram and other social media sites, broadcasting photos and critical reviews of the contractor and their shoddy piece of work is a powerful option. Make sure yous accept documented proof of the job, the deception or fraudulent work, and your signed contract earlier taking to the web. Sometimes merely telling the contractor you lot intend to plough to social media is enough to get them to brand things right. Not all handymen and women who practice bad work are incompetent. Some only demand the right encouragement to return and stop or correct a job.
- The Contractor, or Homeowner'southward Recovery Fund. The Contractor Recovery Fund (sometimes called a Homeowner's Recovery Fund) compensates owners or lessees of residential belongings who take suffered an actual and direct out-of-pocket loss due to a licensed contractor'southward fraudulent, deceptive or dishonest practices, conversion of funds or failure of operation.
In most states, homeowners must have exhausted every other legal artery for recovery before they tin can seek assistance from the fund. The entire amount a homeowner lost isn't guaranteed, only for many homeowners, this last-ditch option does go them some of their money back. Search the Net for "Contractor or Homeowner's Recovery Fund" to find out what requirements yous must come across before filing a merits.
How to amend your chances of winning a claim confronting a contractor
If your contractor of a sudden disappears later you pay them, or leaves you hanging with half-finished projects and no explanation or advice with y'all, get-go recording your efforts to achieve him or her. Y'all may need this documentation later on if yous go to court or seek the help of a professional organisation.
- Document all your written and spoken correspondence – every phone call, every letter, every text or email. "Ship certified letters [with return receipt requested], explaining the problems you're experiencing and telling the contractor that it is imperative that he contact yous immediately," said Costello.
- Periodical. Information technology's not enough to keep runway of letters and advice. Certificate the impact the poor construction or unfinished piece of work is having on yous and your family unit's life. Did it rain or snow? Did your electrical bill suddenly increment? Did other systems (plumbing, lights, electrical) begin to fail, or neglect as a outcome of the construction? Write down the 24-hour interval, the appointment, the time and the verbal result. Remain at-home and exist specific in your description as this journal will be used in court and the approximate needs to meet you're being reasonable and rational about your complaint.
- Keep track of all your attempts to get your money back or your home repair fixed. This includes written and spoken correspondence, but also any social media tweets, texts, reviews, or postings and any response to those postings. While your postings may not go your money back, they're a great way to find other victims of the same contractor.
Fifty-fifty if y'all don't plan to pursue the contractor to get your money back, file complaints everywhere you tin and let others know about your feel. Your complaint may be the 1 that sparks an investigation.
Source: https://www.homes.com/blog/2018/02/five-ways-to-get-your-money-back-from-bad-contractors/
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