USA Bath California Remodeling, Inc.

I am rejecting this response because:The representative indicated to me that the contract as originally written would result in a system that was not properHe also indicated that "Upper Management" was aware of this problemThe fact that he "FORGOT' to send me an addendum with the necessary changes only makes matters worse. This information coming to me after the day cancellation period only serves to make me more wary. I can only anticipate problems if I accept the original design at this point with this information.From my perspective as a customer, the company wants me to accept one of three choices:Pay $for the original design that they have already indicated is not proper. Pay $for a design with structural components that I originally indicated that I did not want (cutting the slab, moving the drain & a 6" step over into the showerPay for services never receivedNone of these options are palatableFalling back on a day cancellation clause under the circumstances is bad business

*** *** entered into a contract with our company to perform work in his bathroom on Septemer On review, we determined a preferable installation method for his projectUpon *** explanation of this recommendation, *** *** informed us that he had "lost confidence" and on September
wishedto cancel the contractThis request to cancel was made after the expiration of the mandated 3-day rescission period, as explained in the contract We informed *** *** that we could proceed with the job as originally contracted, but he refused to have us continue with the work. We will accept *** *** cancellation according to the terms of the contract, which he signedThese terms require an additional payment in the amount of $This payment is clearly explained in the contract, where it states: "...the parties agree that in the event such a termination should take place within days of the contract date, purchaser shall be liable for 30% of the total contract price." Therefore, in addition to *** *** contract deposit of $970, his decision to cancel results in an additional $payment in order to fulfill this term of his contract. A copy of the contract is provided here for review. We will be happy to participate in an arbitration or other meeting with *** *** to resolve this matter

As explained before we have retained the 10% deposit, we are entitled to 30% at cancellation and we are willing to go to arbitration if the customer wants to resolve the issue

We are currently a creditor of Ms. [redacted]' estate, and will be pursuing this matter in court. Direct response to the elements of this complaint:#1 The complaint is from a family member of our customer, who is deceased. #2. The customer requested assistance from our sales manager in securing financing for her project. He kindly drove her to her credit union, at her request, in order to obtain a loan. We believe this was excellent customer service, and highly ethical.#3. The complaint says that the Ms. [redacted] had a stroke as a consequence of this interaction with our company. This is impossible. #4. We are a creditor of Ms. [redacted]' estate, per the contract. This is neither heartless or unethical. I have had 5 separate conversations with Ms. [redacted] brother (son of Ms. [redacted]). He has invited Ms. [redacted] to contact me by phone on several occasions to try to work toward an amicable settlement. She has never called me, and I have no phone number for her.This matter has been referred to our attorney who will be contacting Ms. [redacted] this week.We will provide a grace period of 10 days from today for the estate of Ms. [redacted] to engage in an amicable process seeking resolution, or we will file a case in court to collect the balance owed under the terms of the contract.

The advertisement provided to you from the consumer is from [redacted], a product manufacture located in Illinois. USA Bath California Remodeling, Inc (USA Bath) is a reseller of [redacted] product. Please note that USA Bath did not produce the advertisement the customer attached to this concern....

However, I want to take this opportunity to provide the information required to close this matter completely.  There is a clear and unfortunate mis-understanding here on the part of the consumer in this case, and I want to clarify all aspects of these questions so that we can all move on from this matter.  USA Bath is a bathroom remodeling company and home improvement contractor. We specialize in the sale and installation of bath and shower products for our customers in Northern California and Northern Nevada. There is no problem with the advertisement from [redacted]. We can install a shower base in as little as 1-day, exactly as advertised.The misunderstanding has nothing to do with the install process of a USA Bath or [redacted] shower base. The misunderstanding here is related to the removal of a customer's existing shower to make room for the new shower base installation. Existing shower bases have a component called a "flange" which is a kind of lip that fits behind the waterproof walls in an existing shower. An existing shower, prior to remodel, will have walls that are made of tile, plastic, stone or other waterproof material. When a shower base is removed, this flange which is behind this waterproof material will pull the materal away from the walls. This process will invariably damage an existing waterproof wall system. When a new shower base is installs, that damage must be corrected by installing new waterproof walls, or by another method in order to make sure the entire shower system meets the building code and is waterproof and secure to protect both the home and the homeowner. We offer 1-day installation of shower bases and shower base + wall systems, with certain limitations. So, to be perfectly clear, we can, and do install shower bases in 1-day. We also install shower base and wall systems in 1-day. When we have projects that require demolition of an existing shower base, we can complete the demolition and removal along with the install of a shower base and wall system in 1-day. So, even though this is a [redacted] advertisement, and not a USA Bath ad, it is sound. It reflects real projects that can be completed on time and on budget.I am happy to have a phone consultation with Revdex.com and the consumer if necessary to correct any remaining misunderstandings. Thank You, [redacted], OwnerUSA Bath

Attached are the documents from USA bath as well as all the loan paper work I have.  There are two critical points here: 1.  My mother died before any work was done on the house.  She died on November 4 and the work was scheduled to begin during the week of November 23.   2....

 The sales rep. from USA bath drove my mother to [redacted] and sat in the cubicle while she secured the loan.  That being said she was 84 at the time and was diagnosed with early signs of dementia.  My mother would never have ridden in the car of a stranger and allowed him to listen to her personal finances--I also feel it was unethical for him to do this.  In addition USA bath has $1,000 fee they have retained and not returned.  At first they were asking for another $2800 to close the contract out without doing one bit of work.  They have now sent a bill in my name to my mother's address for $1,000 dollars in addition to the money they have kept.  They have continued to call my brother and try to negotiate money from him.  My mother is dead--there is no money in her estate and since she signed the contract it is null and void.  What kind of a business preys on loved ones after a recent death?

I am rejecting this response because:  My attorney will be in touch with USA bath.

Revdex.com:
I have reviewed the response made by the business in reference to my concern, and find that this resolution is satisfactory to me. While I continue to find the advertisement misleading and you only know the level of detail provided in the response after you have completed their free quote information and then receive a call from a representative of [redacted].While I will not use their services and refer their services, I have no desire to further engage in this matter.[redacted]

Review: In searching to find a contractor to replace a shower base, my internet search led to the [redacted]. They advertise that they can replace the shower base in one day. Upon receiving a call from the company, I was advised that they cannot replace the shower base without replacing the walls which is very different cost than replacing just the shower base. Their add and information makes no reference to this requirement!Desired Settlement: Stop with the deceptive online advertising and just advertise what I was advised on the phone.

Business

Response:

The advertisement provided to you from the consumer is from [redacted], a product manufacture located in Illinois. USA Bath California Remodeling, Inc (USA Bath) is a reseller of [redacted] product. Please note that USA Bath did not produce the advertisement the customer attached to this concern. However, I want to take this opportunity to provide the information required to close this matter completely. There is a clear and unfortunate mis-understanding here on the part of the consumer in this case, and I want to clarify all aspects of these questions so that we can all move on from this matter. USA Bath is a bathroom remodeling company and home improvement contractor. We specialize in the sale and installation of bath and shower products for our customers in Northern California and Northern Nevada. There is no problem with the advertisement from [redacted]. We can install a shower base in as little as 1-day, exactly as advertised.The misunderstanding has nothing to do with the install process of a USA Bath or [redacted] shower base. The misunderstanding here is related to the removal of a customer's existing shower to make room for the new shower base installation. Existing shower bases have a component called a "flange" which is a kind of lip that fits behind the waterproof walls in an existing shower. An existing shower, prior to remodel, will have walls that are made of tile, plastic, stone or other waterproof material. When a shower base is removed, this flange which is behind this waterproof material will pull the materal away from the walls. This process will invariably damage an existing waterproof wall system. When a new shower base is installs, that damage must be corrected by installing new waterproof walls, or by another method in order to make sure the entire shower system meets the building code and is waterproof and secure to protect both the home and the homeowner. We offer 1-day installation of shower bases and shower base + wall systems, with certain limitations. So, to be perfectly clear, we can, and do install shower bases in 1-day. We also install shower base and wall systems in 1-day. When we have projects that require demolition of an existing shower base, we can complete the demolition and removal along with the install of a shower base and wall system in 1-day. So, even though this is a [redacted] advertisement, and not a USA Bath ad, it is sound. It reflects real projects that can be completed on time and on budget.I am happy to have a phone consultation with Revdex.com and the consumer if necessary to correct any remaining misunderstandings. Thank You, [redacted], OwnerUSA Bath

Consumer

Response:

I have reviewed the response made by the business in reference to my concern, and find that this resolution is satisfactory to me. While I continue to find the advertisement misleading and you only know the level of detail provided in the response after you have completed their free quote information and then receive a call from a representative of [redacted].While I will not use their services and refer their services, I have no desire to further engage in this matter.[redacted]

Review: renOn Saturday September 16, 2015 my wife and I entered into a contract with USA Bath, Sacramento for a remodel project on our master bathroom. The total cost of the job was $9,700. We gave the sales rep., Byron [redacted], a 10% deposit ($970.00) at that time.On Wednesday September 23, 2015 I received a voice mail message from [redacted] stating that the work originally contracted for could not be performed as originally written. The original contract called for no moving of the floor drain (slab foundation)and a minimal thresh hold height going into the shower. [redacted] advised me that he would need to e-mail me an addendum to change the scope of work. The drain would need to be moved and the threshold would need to be somewhere around 6+ inches. This is a material change in the work.I did not receive the e-mail from [redacted] and on Monday September 28 I contacted [redacted]. He admitted that he never sent the email and again outlined the necessary changes. At this point I informed him that the changes were unacceptable and that we had lost confidence in USA Bath's ability to provide the work correctly. I requested a refund of the deposit to which [redacted] informed me that I would need to submit a request in an email to the company to this effect. I submitted my request that same day.I received a voice mail reply from the USA Bath manager informing me that he had taken over the matter from [redacted] and that the company could in fact complete the work with some modification. I responded via e-mail regarding our lack of confidence and again requested a deposit refund.At this point, I received an email from the owner, [redacted] stating that the 3 day cancellation period had expired and there would be no refund. He did not address the fact his rep had attempted to materially change the scope of work, nor provide a written copy of the changes to be made, but did go on to say that he expected further payment under the contract terms for our cancellation.Desired Settlement: USA Bath will refund the deposit of $970.

Business

Response:

[redacted] entered into a contract with our company to perform work in his bathroom on 16 Septemer 2015. On review, we determined a preferable installation method for his project. Upon [redacted] explanation of this recommendation, [redacted] informed us that he had "lost confidence" and on 24 September 2015 wishedto cancel the contract. This request to cancel was made after the expiration of the mandated 3-day rescission period, as explained in the contract. We informed [redacted] that we could proceed with the job as originally contracted, but he refused to have us continue with the work. We will accept [redacted] cancellation according to the terms of the contract, which he signed. These terms require an additional payment in the amount of $1940. This payment is clearly explained in the contract, where it states: "...the parties agree that in the event such a termination should take place within 10 days of the contract date, purchaser shall be liable for 30% of the total contract price." Therefore, in addition to [redacted] contract deposit of $970, his decision to cancel results in an additional $1940 payment in order to fulfill this term of his contract. A copy of the contract is provided here for review. We will be happy to participate in an arbitration or other meeting with [redacted] to resolve this matter.

Consumer

Response:

I am rejecting this response because:The representative indicated to me that the contract as originally written would result in a system that was not proper. He also indicated that "Upper Management" was aware of this problem. The fact that he "FORGOT' to send me an addendum with the necessary changes only makes matters worse. This information coming to me after the 3 day cancellation period only serves to make me more wary. I can only anticipate problems if I accept the original design at this point with this information.From my perspective as a customer, the company wants me to accept one of three choices:1. Pay $9700 for the original design that they have already indicated is not proper. 2. Pay $9700 for a design with structural components that I originally indicated that I did not want (cutting the slab, moving the drain & a 6" step over into the shower.3. Pay for services never receivedNone of these options are palatable. Falling back on a 3 day cancellation clause under the circumstances is bad business.

Business

Response:

As explained before we have retained the 10% deposit, we are entitled to 30% at cancellation and we are willing to go to arbitration if the customer wants to resolve the issue.

Review: Imagine my surprise when I learned from a representative of my 84 year old mothers credit union that after presenting a proposal to my mom the representative from USA bath drove her to the credit union AND sat with her while she filled out the paper work for a loan to purchase a walkin tub from the same representative. How ethical is this conduct? Consequently my mother had a stroke and died on Nov. 4. My brother and I visited the credit union to return the loan check after her death and learned about the USA bath sales rep. Visit to the credit union and the fact that he sat in the cubicle with her while she filled out the loan form. We called USA bath and canceled the installation because with her death there was no way to pay back the loan. USA has retained the $1,000 deposit and is insisting that we pay them additional money on a contract that was secured with a person who is no longer living. How heartless is this on top on their unethical behavior with a senior citizen?Desired Settlement: Return the deposit the took while driving an 84 year old to a financial institute. The contract is null and void because the person they had the contract with is no longer living.

Consumer

Response:

Attached are the documents from USA bath as well as all the loan paper work I have. There are two critical points here: 1. My mother died before any work was done on the house. She died on November 4 and the work was scheduled to begin during the week of November 23. 2. The sales rep. from USA bath drove my mother to [redacted] and sat in the cubicle while she secured the loan. That being said she was 84 at the time and was diagnosed with early signs of dementia. My mother would never have ridden in the car of a stranger and allowed him to listen to her personal finances--I also feel it was unethical for him to do this. In addition USA bath has $1,000 fee they have retained and not returned. At first they were asking for another $2800 to close the contract out without doing one bit of work. They have now sent a bill in my name to my mother's address for $1,000 dollars in addition to the money they have kept. They have continued to call my brother and try to negotiate money from him. My mother is dead--there is no money in her estate and since she signed the contract it is null and void. What kind of a business preys on loved ones after a recent death?

Business

Response:

We are currently a creditor of Ms. [redacted]' estate, and will be pursuing this matter in court. Direct response to the elements of this complaint:#1 The complaint is from a family member of our customer, who is deceased. #2. The customer requested assistance from our sales manager in securing financing for her project. He kindly drove her to her credit union, at her request, in order to obtain a loan. We believe this was excellent customer service, and highly ethical.#3. The complaint says that the Ms. [redacted] had a stroke as a consequence of this interaction with our company. This is impossible. #4. We are a creditor of Ms. [redacted]' estate, per the contract. This is neither heartless or unethical. I have had 5 separate conversations with Ms. [redacted] brother (son of Ms. [redacted]). He has invited Ms. [redacted] to contact me by phone on several occasions to try to work toward an amicable settlement. She has never called me, and I have no phone number for her.This matter has been referred to our attorney who will be contacting Ms. [redacted] this week.We will provide a grace period of 10 days from today for the estate of Ms. [redacted] to engage in an amicable process seeking resolution, or we will file a case in court to collect the balance owed under the terms of the contract.

Consumer

Response:

I am rejecting this response because: My attorney will be in touch with USA bath.