Harley Exteriors Inc

Complaint: [redacted]I am rejecting this response because:Please see attached letter from my attorney.Sincerely,[redacted]
To Whom It May Concen: I have been retained to assist Mr. [redacted] and Ms. [redacted] in resolving their dispute with your company. In reviewing the contract and the correspondence in this matter I was deeply disturbed at the multiple fraudulent misrepresentations made by your company first to obtain my client’s signature on the original contract and then later in an attempt to coerce them into continuing with the contract after they had cancelled it. On July 28, 2015, you did an inspection of my client’s roof without ever actually looking at it. Based on this noninspection you then informed them that the roof was on it’s last legs. They have subsequently had several roofing contractors who performed actual inspections tell them that the roof probably has a few year before it needed to be replaced. You stated to my clients that you were a credentialled 4 star installer with [redacted] ­ this is not true. You promised your bid was competitive, in fact it was several thousand over the other bids gathered by my client. You collected $171.00 for a loan application fee to be paid to [redacted], but when my clients spoke to [redacted] and cancelled their loan application fee they were told that there was no loan application fee. Finally, you had them sign a contract and explained several of the provisions on the front of the contract, but did not point out that the contract extended onto the back of the page and that the back page contained a cancellation clause which required them to cancel the contract within three days of signing the contract or be subject to significant liquidated damages. On Friday, July 31, 2015 within the required cancellation period my clients called and told you that they wished to cancel the contract and that they were obtaining new bids to make sure that the deal that you were offering was in fact competitive. You offered a new agreement which would include an additional skylight and a 12 month no cash financing agreement. You did not indicate on that date to my clients that they were required to do anything more than they had done to cancel the July 28, 2015 agreement and you did not tell them that the July 31, 2015 proposal had to be rejected within three business days. On Monday, August 3, 2015 my client called to reiterate to you that they were not interested in entering into a contract with you until they had an opportunity to review bids from other contractors. You made no mention of a rescission requirement that had not been met. On Tuesday, August 4, 2015, they informed you that they had decided to go with a different contractor as they had discovered that you were not certified by [redacted] as you represented and your bid was far and away the highest of the four bids they received for the job. They then requested the return of the $2,000.00 deposit they had given you. On Wednesday August 5, 2015 you attempted to present yet another bid on new terms which my client rejected this third proposal you then informed him that he was still bound by the July 27, 2015 agreement as he had not timely rescinded the agreement. This is the first time you mentioned the rescission period or stated that you believed the phone call on July 31, 2015 was not sufficient for rescission of the agreement. On Thursday August 6, 2015, Mr. Christian D[redacted], sent an e­mail to my clients threatening to sue them for several thousand dollars in addition to the deposit and to place a lien on the property if my clients did not proceed with the contract. He stated that he could do all this even though no materials had been delivered and no work completed. Mr. D[redacted] did not provide proof of the certification which Harley Exteriors claimed to have and no proof of that certification has been produced to date. In fact, my clients are entitled to a full refund of the $2,000.00 deposit and are not liable for any further damages under the contract. First you fraudulently misrepresented your credentials to my my clients as an inducement to sign the contract and fraudulent inducement renders the contract void. Second, your contract does not meet the requirements of RCW 19.186.020 which is set forth below: (8) If the customer indicates that he or she intends to obtain a loan to pay for a portion of the roofing or siding contract, the homeowner shall have the right to rescind the contract within three business days of receiving truth-­in-­lending disclosures or three business days of receiving written notification that the loan application was denied, whichever date is later; and (9) The contract shall provide the following notice in ten-­point boldface type in capital letters: "CUSTOMER'S RIGHT TO CANCEL IF YOU HAVE INDICATED IN THIS CONTRACT THAT YOU INTEND TO OBTAIN A LOAN TO PAY FOR ALL OR PART OF THE WORK SPECIFIED IN THE CONTRACT, YOU HAVE THE RIGHT TO CHANGE YOUR MIND AND CANCEL THIS CONTRACT WITHIN THREE DAYS OF THE DATE WHEN THE LENDER PROVIDES YOU WITH YOUR TRUTH­IN­LENDING DISCLOSURE STATEMENT OR THE DATE WHEN YOU RECEIVE WRITTEN NOTIFICATION THAT YOUR LOAN WAS DENIED. My clients cancelled prior to receiving the truth in lending statements so their cancellation was timely per the statute and your contract is defective as if fails to include the required statutory language. The law makes it clear that you have no right to retain any type of payment within the rescission period. RCW 19.186.030. Waiting period to begin work if customer obtaining loan ­ Effect If the customer indicates that he or she intends to obtain a loan to pay for all or part of the cost of the roofing or siding contract, the roofing or siding contractor shall not begin work until after the homeowner's rescission rights provided in RCW 19.186.020(9) have expired. If the roofing or siding contractor commences work under the contract before the homeowner's rescission rights have expired, the roofing or siding contractor or salesperson shall be prohibited from enforcing terms of the contract, including claims for labor or materials, in a court of law and shall terminate any security interest or statutory lien created under the transaction within twenty days of receiving written rescission of the contract from the customer. RCW 19.186.050 states that any violation of the statutes cited above is a consumer protection act violation and that as such if a court action is brought the entity violating the statutes will be subject to sanctions and responsible for the payment of the consumer’s attorney fees. In addition, your inclusion of a nonrefundable application fee for a credit application payable to yourself and not the bank is a violation of the consumer loan act and can be prosecuted as a gross misdemeanor. Further, my clients called and rescinded the contract timely on July 31, 2015. If you needed something beyond a phone call from my clients to rescind the agreement then you needed to speak up at that time. Because you did not tell my clients about the clause or any additional paperwork you required you waived your right to demand a formal rescission. In fact, you acted as if the contract had been rescinded and twice made different offers to my clients to attempt to induce them to enter into a new contract with you. Finally, the clause you are relying on to retain the $2,000.00 is a liquidated damages clause. They are disfavored in Washington state and they will only be enforced where the court finds that there is no easy way to calculate damages and where the amount asked for seems to approach what would be reasonable for the damages incurred. It will be struck down where it represents an unearned and unwarranted windfall for the person seeking to collect it. Here a statute specifically bars you from receiving any compensation. My clients want a full refund of the $2,000.00 issued to them in hand no later than August 20, 2015. If they have not received it by that time I will prepare a complaint alleging fraud, breach of contract and consumer protection act violations. Under at least two of these claims my clients will be entitled to not only the return of the $2,000.00 deposit, but you will also be required to pay my legal fees and sanctions for your actions in this matter. As regards your claim that you have the ability to place a lien on my clients’ property, you are profoundly mistaken. Liens are available for “construction” work performed and materials provided, not for liquidated damages claims. Mr. D[redacted] has acknowledged that materials have not been provided and labor has not been performed. The statute protecting homeowners from frivolous liens would also require that you pay my fees for work in having it removed if you were to file such a lien. To prevent a waste of your time or mine, there will be no negotiation on this demand. You will return the $2,000.00 now or you will return it later after litigation with my fees and quite probably sanctions based on your misrepresentations and misconduct in this matter. Sincerely,

Complaint: [redacted]I am...

rejecting this response because:
This response is inadequate.
Our family was notified a few days after we complained about the service rendered that they would
look into the issue but we have not been contacted by their
place of business since June of 2016.
It has been almost 3 months and no action has been taken.
Photos have been submitted as proof of the damage caused by their technician.Sincerely,[redacted]

Complaint: [redacted]I am rejecting this response because:
Signed Contract -  We only intended for HE to come inspect our roof and provide a quote for review.  We made it clear that we were in the process of obtaining other quotes and did not feel comfortable sitting down to discuss their proposal at the time.  When the salesperson came to survey the roof, he did not go onto the roof to inspect it up close; claimed he had an injury.  He assumed the roof need to be replaced and did not recommend a repair option.  He said he was only going to explain the roof replacement project and their construction methods, so we agreed to sit down.  If we knew he was going to sneak in writing up a proposal / contract, we would not have agreed to sit down.  Several times we indicated that we did not feel comfortable signing that evening, felt rushed and felt that the salesperson failed to respect and give us time to carefully reveal the proposal in private.  The other (4) roofing contractors, which we received quotes from, expressed absolutely NO PRESSURE to sit down and sign on the spot; they emailed or mailed their quotes later that day or days later.  The signed contract (barely 1/2 page of roof specifications) did not completely and clearly include important scope of work until we requested they be written in.  Other quotes we later received were substantially more complete in detail and less cost.  BOTTOM LINE, WE SIGNED BUT UNDER RUSHED, PRESSURED AND INADEQUATELY INFORMED CIRCUMSTANCES.
Back of Contract – HE did not disclose the disclaimer information on the back of the contract before we signed.  We would have definitely said no if we knew there were cancellation penalties.  It was not until HE threatened to impose cancellation penalties, if we did not carry out the contract, that we became aware of these monetary penalties.
Notice of Cancellation – Before the 3-day Notice of Cancellation deadline, we called HE, indicated that we wanted to hold off / cancel the contract and obtain other quotes for comparison.  HE did not mention that we needed to send in the signed Notice of Cancellation paperwork to cancel.
4-Star [redacted] Contractor – Our inquires with [redacted] (web site and phone call) revealed that HE was not a 4-star contractor as they claimed. 
HE has not been completely honest (e.g. they did not inspect roof or offer repair option, could not locate them on [redacted] web site for ), ethical (rushed, pressured and inadequately informed sales tactics) and upfront (did clearly disclose back of contract or cancellation penalties) with us.
Sincerely,[redacted]

Complaint: [redacted]I am rejecting this response because:
It is clear Harley Exteriors does not want to resolve this complaint.
Please close this complaint as unresolved.Sincerely,[redacted]

We have been in contact with Mr. [redacted] since he sent his original request to us in Feb. 2016 of this year.
We had our installer James out to Mr. [redacted]'s house on 2/24/2016.  James re-flashed one window at that time.
Mr. [redacted] asked James to look at the others, but he needed to get our ok for...

that.  He also ran out of time.
Mr. [redacted]'s windows are not leaking.  
 
James our installer has been in AK doing a large install and we did not have his expertise for several months.  Our summer was busier than we expected.  So, we did not have enough installers!  
Janet from our office has been talking to Mr. [redacted] each week and keeping him in the loop and letting him know status.
She even had our MFG.  [redacted] out to customer to check windows integrity on July 8.  Customers were not home.  [redacted] went back on Nov 8.  No leaks and they said the windows looked good.    
I am working to get James out to do as the customer requested.  I do not have a date yet, but will have a date before Friday 12/16.  
 
We will be asking customer to work with us.  We have been working to make this happen for our customer!

Hello:
 
Ms. [redacted] sent this complaint over on 11/15.  She was installed on 11/9 and we have been talking to her.  We have worked to get to her issues.  It is an unusual situation.  We have gotten the manufacturer involved so we can get her venting issues worked out....

  Janet her project manager has been in contact with her as follows:
 
11/10 [redacted] called about her vents and sent her pictures in to us.
11/14 Ms. [redacted] called and said she was going to get on her roof and in her crawl space over the weekend.  She was going to count her vents.
11/15 Janet from Harley and she talked on the phone.
11/22 Janet emailed Ms. [redacted].  Janet was taking issues to our boss, so he could help get answers.  
11/23 Talked to Ms. [redacted] on the phone.
11/28 Talked to Ms. [redacted] on the phone.  Set up with her that our manufacturer was supposed to meet with her 11/30.  We are waiting for results.  We believe she will remove this complaint.  We have been working with her in good faith, by phone and email.  Her situation is unusual we have not run into this before.  But, we will work with her and get a good resolution for Ms. [redacted]!

Case#[redacted]
How do you address emotionally charged issues?  We are being made to look like bad people, taking advantage of an elderly God fearing person.  Where do we go with that...how do we as a business respond?
Well, I am going to unfold the contract and what we agreed to do with the customer.  In her home, after she called us, Harley Exteriors, for an estimate on her roof.
1.  After [redacted] called and requested an estimate, we asked [redacted] to produce for us a topical map of her home to help us determine the amount of squares for re-roofing.
2.  We sent a representative out to talk to [redacted] and give her an estimate.
3.  She decided to order the roof.
4.  She gave us a deposit on a credit card and was financing the rest of the order
5.  We worked with [redacted] to get [redacted] financed.
6.  They were willing to finance her, but she needed to provide proof of income.
7.  We were working with [redacted] to get the updated info we needed.
8.  She sent us page one of her tax return and the bank was requesting page 2 also.  Copy of bank request included.
9.  We called her and asked for the additional information the bank requested.
10.  On December 11, 2014 [redacted] sent us a cancellation form.
By Federal Law we are required to give the customer a 3-day rescission period.  The contract is dated 11/8/2014.  Her signature is at the bottom and also by the 11/13/2014 rescission date.
The customer is choosing to cancel the contract after the rescission period.  We are keeping the deposit.
Respectfully,
Lisa R
[redacted]SUPPORTING DOCUMENTS REDACTED BY Revdex.com[redacted]

Hello Ms. [redacted]:  I have uploaded our signed response and copies of our documents!  Thank you!Lisa R[redacted]
Dear Ms. [redacted]
There was no hard sale and there was no high-pressure comments made by our salesperson.  We are a 4 star roofing contractor with [redacted].  The...

[redacted] representative, [redacted] who is the territory representative for this area called [redacted] & verified that we are in fact a 4 Start Certified Contractor for [redacted].  We never claimed to be a 5 Star Contractor.
Our sales person Mike E stated that [redacted] did not show any signs or use any words that hinted towards Mike that he was giving a "hard sale" for [redacted].  [redacted] brought up the skylight and Mike said he would include it in the project and not charge him.  [redacted] said he was considering waiting until next year to do the project and Mike told him that we have a program from the bank with no payments for 1 year.  As soon as, [redacted] was given this information, he was very happy and excited and was ready to move forward with the project.
It appears to us that we answered [redacted] questions and came up with solutions to help him feel comfortable about doing his roofing project right now.
If [redacted] would have cancelled the contract during the rescission period, as allowed by Federal Law, not only would we have cancelled the contract without any penalties, we would have refunded his deposit as well.  It states on his contract the recission period expired on July 31, 2015 and on the rescission form, which is a separate document, it clearly states, [redacted] would need to cancel this order in writing and Harley Exteriors would need to receive it at our office location no later than midnight on July 31, 2015.  [redacted] also signed the rescission form acknowledging he knew his rights and received two (2) copies of the document.  [redacted] did not send in his request to cancel this order until August 5, 2015 by email, which you will see, we have provided for your review.
In closing, [redacted] has made a lot of false statements about our company, while Harley Exteriors has been completely honest, ethical and upfront with this project since our first meeting.  We feel that [redacted] is legally responsible to either let us go through with this project or pay us a total of $7057.75 (less the $2000 deposit) if he wants to get out of the contract.
We would love to go forward with the project for [redacted] and would do a fantastic job installing the roof for him.  We would hold no ill feelings toward him and we would ensure that he would get a fantastic quality roofing system installed correctly and professionally as required by the manufacturer.
[redacted]SUPPORTING DOCUMENTS REDACTED BY Revdex.com[redacted]