Condor Fence will not return my deposit after our contract was cancelled.
On 1/25/2016, I asked Mr. John ***** of Condor Fence Co. to construct 350 feet of cedar fence at our home in Josephine, Texas. He stated at that time he could get started in one to two weeks and we submitted our deposit of $3600.00 in the form of a cashiers check. Despite repeated calls and weather being perfect for fence building, John ***** had nothing but excuses for not starting construction of the fence. Frustrated by his lack of interest in our fence project, I verbally cancelled our contract on 3/6/2016 and asked Mr. John ***** to return our deposit at that time. A certified letter to this effect was sent to his P.O. Box 186, Midlothian, Texas on 3/8/2016, the address on their website. I was notified that the P.O. Box had been closed and no forwarding address was given. On the afternoon of 3/8/2016, I was contacted by Mr. Mike *******, who stated he was Mr. John *****'s boss. He stated at that time that he wanted to make things "right" and would refund my deposit. At this time, I am unable to contact anyone from this company due to their lack of a valid email or physical address. Both John and **** will not answer their phone when I call now. Condor Fence Co. has completed two fence projects for me in the past without any issues, so this is a radical change in the their conduct. I have contacted another fence company to erect the fence that I wanted to be completed six weeks ago. Condor Fence did absolutely nothing with our $3600.00!
Refund of my $36.00.00 deposit.
At the time Mr. ***** signed his contract with Condor Fencing, he was told by *** that we were 3-4 weeks out on installation. He phoned several times over the course of the next two weeks to inquire about his install date and *** informed him that we were still looking at the original estimate of 3-4 weeks out due to some rain delays keeping other fences open longer than expected. He phoned on 3/6 to cancel his contract and request his money back. He was told at the time that we do not refund deposits as they are applied to the purchase of job materials in order to maintain the quoted price as our material costs fluctuate from week to week. Mr. *****'s response was that Condor could drop the purchased materials at his property or return the deposit of which we agreed to bring him the materials. When he spoke to Mr. ******** he was told that we could get him the materials or have his fence installed the following Monday once the rain moved out. He did not tell Mr. ***** he would refund his deposit.
Mr. ***** cancelled a contract a month after it was signed and agreed to by both parties and was given an estimated install date of 3-4 weeks depending on weather. The deposit accepted has been applied to materials necessary to install his fence. Since materials have already been purchased, I can only refund Mr. *****'s deposit once we can use those materials on a job similar in size and nature to his.
(The consumer indicated he/she DID NOT accept the response from the business.)
I do not accept this response from Condor Fence Co. It is only with the threat of suspension by the BBB that Condor Fence Co. responded to my complaint of 03/13/2016. First, our contract was signed on 1/25/2016 and cancelled on 3/6/2016. This is SIX weeks that Condor Fence had ample time to complete our fencing project. According to the National Weather Service, it rained just ONCE at the job site during the contract time frame. Condor Fence stated that they purchased fencing materials for our project, yet none were ever delivered to the job site. In fact, no one from Condor Fence ever came by the job site to evaluate what materials would be necessary to complete our fencing project. If Condor Fence has indeed purchased materials with my deposit, where are they now? The owner of Condor Fence has NEVER called or contacted me about any solutions to this issue. If he has our materials, then they should be delivered to our home. If he has used our materials on another fence, then he should refund our $3600.00 at this time.
When I signed the contract, I was told by **** that construction would be one to two weeks out. If I had been told that it would be three to four weeks, I would not have signed the contract. When I was able to make contact with a man named "Mike" who stated that he was ****'s boss, he stated to me that one to two weeks was what should have happened and he did not know why **** was taking so long.
Also, NEVER was I told that I would not receive a refund for my deposit. In fact, Mike assured me that I WOULD receive my deposit. Nowhere in the Condor's own written contract does it state that deposits are not refundable.
I have made several attempts to resolve this with the owner prior to contacting the BBB. I have made multiple phone calls that have not been returned. I have sent both regular and certified mail (that was refused.) I have yet to discuss this issue with the owner of the company and have never met the man.
I feel that this business has taken my money, refused to produce the work in the time frame promised, and now is refusing to refund my deposit.
I WAS promised that the job would be done in one to two weeks. I cancelled the contract after six weeks, when the job was still not complete and I still did not have a firm date on when it would be complete. The contract I signed does not state that refunds are not given on deposits. I feel that they are stealing my money by keeping my deposit for work not done.
Final Business Response
You may contact me (*****) directly at XXX-XXX-XXXX any time to discuss this matter.
Again, you entered into a legally binding contract for a fence and were told at the time you signed said contract that we were 3-4 weeks out. And although it *** have only rained one day at your jobsite, it rained multiple days at other jobsites that were scheduled ahead of you which delayed those projects and pushed your targeted start date back. Unfortunately that is the nature of construction as we have to work around the weather.
As I have said, I will refund your money as I use the materials purchased for your job on other projects.
Final Consumer Response
(The consumer indicated he/she DID NOT accept arbitration.)
After consulting my attorney, I will decline the offer by the BBB to arbitrate this matter. According to my legal advice, this is not a matter to arbitrate. This issue can be settled very easily in Civil Court with proper enforcement of the decision of the Court. With the BBB Arbitration offer, I would have to voluntarily give up my option to file suit in Civil Court. Thank You for time and effort.