Harry Bickford
Harry Bickford
  • Hometalker
  • Dunedin, FL
Asked on Apr 8, 2013

Nothing received for $600 downpayment and Thermaseal will not give my money back.

BarbaraSheilaHarry Bickford
+2

Answered

I had Thermaseal.net give me an estimate on 30 Nov 2012 and I paid $600 down payment and had to get my homeowners association to approve drilling on my outside wall which they did not since if the repair did not match it could hurt other property values. I have asked for my money back and have no luck so far. Help
5 answers
  • Your returning of your deposit I would venture to say would depend upon the agreement/contract that you had in place with the installing contractor before you paid them their deposit. If nothing in the agreement says the contract is void should the community not allow drilling of the exterior walls I would say your on the hook for loosing the deposit. IN addition you may still be on the hook for even more if they cannot fulfill their contract and get their payment they expected when they finished. However different laws are in place in different states for this very reason. Cooling off periods is just one of them. I would strongly suggest that you obtain the advice of a local attorney that is familiar with the laws and association rules in this area. I would have some other questions for you as well on this. 1st off why are you doing the walls? The cost of this type of improvement as compared to the benefits is really small. 2nd why can then not do this from the inside? Drilling and patching holes in dry wall is a whole lot easier then drilling into brick in the first place. We have done this on many occasions. 3rd, what warranty are they willing to provide that no mold will be generated if water gets into the wall cavities should they leak? Only closed cell foam should be used. There has been several class actions against that type of foam so loosing your $600 might be the best thing that happens out of this whole deal. If your doing this to save energy, think of it in this matter. ABC. Attic, Basement, Center of the house. Seal and insulate your attic first. Most heat loss and gain comes from the roof and attic area, Then do the basement or crawl space area next. Assuming you have one of course. Then and only then once your attic, basement/crawl and your windows and doors have been checked for leakage do you even think about insulation on the wall surfaces. Heat moves up and down, not sideways for the most part. I will forward this question onto one of our other long term Home Talk attorneys who may have some additional advice to give to you in this regard. Good luck and keep us posted on how this works out for you.

  • Frist, let me be clear that I am not a Florida attorney and you may want to contact a Florida attorney. Often as part of an initial consultation, an attorney may be able to tell you if there is a clear right in a few minutes without charge and, in this case, they may be tell you whether it is worth pursuing in small claims. As Woodbridge indicated the first place to start is your contract with the service provider. In general, the failure of the HOA to approve would commonly be a reason to cancel the contract without penalty. If there is not a specific provision, there may be other legal principles that may apply (as Woodbridge suggested in the event that you signed the contract in your home, which is typical, and they failed to provide the required notice and forms under the FTC 3-day cooling off rule, you may have the right to cancel -- you may find more information on this at FTC.gov. and states have similar laws). I am not sure if this type of contractor activity is licensed but if so, you may want to check with the Florida Dept of Business & Professional Regulation to see if you can file a complaint there. Did you pay by credit card? If so, you may have rights to dispute the charge through your credit card company but you must act in a timely manner. As a side note, Florida also has an Office of Condominium Ombudsman which may be able to help if the denial of the requested improvement is improper.

  • Harry Bickford
    on Apr 14, 2013

    I was hoping for a more positive response since I would not like to give money for nothing received in the first replace and will curtail future projects because of this. I have lost trust in the entire industry and FL people in general because of this Christian contractor. Harry Bickford

  • Sheila
    on Jun 28, 2015

    Since you live in the State of Florida, why don't you contact the Attorney General of the State of Florida, Pam Bondi's office?? Her office will refer your complaint to a group near you called "Seniors vs Crime" and they will help you with getting your money refunded - DEPENDING on what was in the contract you made with Thermaseal. This group does NOT receive any compensation for their efforts.

  • Barbara
    on Aug 15, 2015

    You can always call one of the TV News channels, they help with this sort of consumer deal a lot.

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