I had flooring installed and it was never completed. Now I'm being threatened by the seller of legal action..?

I had new carpet and wood flooring installed Nov. 2005. The carpet is OK, but there are issues with damage to the bamboo flooring. The seller was notified while his installers were at my home of the issue. The seller never fixed or finished the floor. Now the seller is demanding that I pay him the balance due $4800.00 plus and additional 1,000. to replace the floor. The seller is threatening me with legal action. He also said he will place a lein on my home. I thought you needed a judgement to do that? Bottom line, work not finished, materials defective. My husband says we should sue the seller in small Claims Court beore he sues us. I complained to the California state Contractors board and they closed the case citing "seller uncooperative" they recommend we pursue the matter in small claims court as well.

Answer:
How much did it cost you to have the job finished and the damages repaired?

I think your husband is right.
Did you notify the seller of the installation problem in writing? If not, then do so immediately and send it via certified mail. Save a copy of the letter and proof of mailing.

Get a written professional opinion from a reputable flooring company, regarding the condition of the floors in question. If possible, ask if they would testify for you as an expert witness during the small claims court proceeding.

Offer to pay reasonable expenses to this floor professional.

Take photos of the floors and print them. Digital images on a CD will not be acceptable.

Bring the letter from the Contractor's board to court.

I would take him to small claims court ASAP, after the letter has been sent. The court will ask you if you have taken that step and what the result was.
Having not seen your contract with the seller, I can only give advice based on your facts above, sue in small claims to avoid having to hire a lawyer and do it before he files in a superior court requiring you to hire a lawyer. Based on your facts above the amount needed to cure the problems with the floor, you should get a written estimate of the cost form another flooring company, would be deducted from what you owe. The rest would be due to the seller.
He can place what is known as a workman's lien. It will hold up any action sale etc of your house. Take his A** to court first.

The answers post by the user, for information only, BAnswer.com does not guarantee the right.

Other Questions and Answers:
  • How to define good customer service?
  • Mailing Help. x_x?
  • How do you find out if a business in your community has filed for bankruptsy?
  • I'm living in Malaysia. Can all the paid surveys online be trusted? I mean, the one we have to pay to join?
  • Who's responsibility is this?
  • Do you like Starbucks or Jamba Juice better?What Kind of drink?
  • Is it descimination if the Korean Bank want let you open an account because your not Korean?
  • My boss asked me to clean out my box, is that sexual harrassment?