Company made verbal offer to me and to realtor (two conversations) to provide a whole-roof warranty for the repairs specified. Now demands Addtl $200
Company performed pre-purchase inspection of roof prior to my purchase of a home. Company principal ******** then reviewed his findings with my realtor on *** 17, 2014, and verbally offered to extend a no-leak warranty to the entire roof if repairs were performed. I then spoke with ******** on *** 18, we also reviewed his report and proposal, and he reiterated that he would extend a no-leak warranty to the entire roof if he was selected to make the repairs. I purchased the home, contracted them to do the repairs, which were completed this morning, July 9, 2014. Company sent their invoice explicitly limiting their warranty to the areas repaired. I called the discrepancy to their attention (***** ********, a relative of Mr, ****), and they refused to honor it because it was not in writing. Two separate individuals had the same offer stated to them - my realtor ***** ******* and myself.
I offerred two alternatives that I believe are reasonable, based upon the company's statement that the whole-roof warranty was valued at $200 - the additional amount they wished to charge me to honor the warranty:
Provide a $200 discount to the contract to reflect the omission of the warranty
Honor the verbal commitment made to ***** ******* and to myself.
I would also appreciate it if they would not threaten me again with a lien on my property as I attempt to resolve this with them in good faith.
Contact Name and Title: ***** *******
Contact Phone: XXX-XXX-XXXX
Contact Email: ***************@hallamrkbuilders.net
This is a copy of the recent email that was sent over to the complaint on 7/10/2014.
Services have been completed per the agreed upon proposal and payment is now due.
The proposal that was agreed upon was dated 5/17/2014. You and your representative have had over 50 days to review the proposal, ask any questions about what services would be preformed and what our warranty would cover.
There has not been any concerns stated by you or your representative about our workmanship as to why this invoice should not be paid. In fact, this is a quote from you " Thank you very much for the prompt and professional service".
As a courtesy, I am informing you that if you refuse to remit payment by close of business 7/11/2014 a pre-lien will be placed on you property.
Payment can be made on our website www.hallmark-roofing.com.
(The consumer indicated he/she DID NOT accept the response from the business.)
The contractor's response totally ignores the substance of my complaint, and is in fact a copy/paste from an email that was previously sent to me as I attempted in good faith to seek some resolution to this dispute. Contractor references a 'proposal that was agreed upon', but there is no such thing. There is no signed proposal, only a "Roof Repair Contract" that was prepared for the former owner as the deliverable for the inspection she had Hallmark perform on May 16, 2014. On May 17, Contractor revisited the property to review his inspection with my realtor and at that time he expressed confidence in the integrity of the roof post his repairs, so much so that he offered to extend a 'no leak warranty' to the entire roof, and not just the areas he repaired. A sworn and notarized ***** by another licensed professional (my realtor ***** *******) attesting to this conversation is being provided with this response. Ms ******* sent me the email previously referenced discussing her conversation with Mr ****, including Mr ****'s mobile number, and Mr. **** agreed to review the results of the inspection he performed for the prior owner with me. The following day, (Sunday May 18) I did speak with Mr **** and he reiterated his confidence in the condition of the roof, and once again offered to me to extend a 'no-leak warranty' to the entire roof, projecting his confidence. I thanked him for taking his time on a Sunday, and continued to negotiate the purchase of my home. Roughly 30 days later we did close on the purchase, and shortly thereafter I contacted Hallmark to have them perform the needed repairs.Their workman visited my house three times, performed most of the services referenced in the prior "Roof Repair Contract" that had been furnished to the prior owner of the home. Work was finally completed on July 3, and on July 9 contractor sent an invoice derived from the prior "Roof Repair Contract", again, in the name of the prior owner. At that time I noticed the discrepancy between what was discussed with myself and the realtor, as well as the incorrect name, and contacted the contractor to have those items corrected. In the resulting email exchange with contractor's wife ***** ******* she at first denied that the conversations about the warranty had taken place, and then said that because I did not have it in writing that it was not binding. I asked to speak with contractor (*** ****), but he would not take my call. I called his mobile and also sent text messages which he read but did not respond to. Ms. ******** said that Hallmark would only honor the 'no-leak warranty' to the entire roof if I paid an additional $200. When I refused and told her that this was unreasonable and contradicted the conversation I had with Mr. **** she immediately threatened to place a lien on my property if I did not pay, which she did indeed do, 2 days later, while I was still attempting to negotiate with them in good faith. I should point out that another party complained of the same tactics to the BBB on February XX XXXX. BBB stated that the complaint was resolved because of Hallmark's statement of "correction" but the customer did not accept the response. Hallmark apparently has a pattern of doing this. Finally, I will point out that Hallmark is claiming an A+ rating from BBB, on their website (http://www.hallmark-roofing.com/) and on their contract and estimate documents, when in fact they only have an A rating. If BBB's accreditation is to be believed, then businesses should not be permitted to falsely claim BBB accreditation that they do not in fact have. The issue is the offer of a warranty, which was extended to me through two separate conversations with two different people, a fact that I have a sworn ***** attesting to, in addition to my own recollection. Hallmark placed a value of $200 on that warranty in my email exchanges with Ms. ********, and now refuses to honor our (binding) verbal agreements.
Final Business Response
The homeowner has a signed contract with us and a two year warranty that we will honor.
Prior to signing and requesting (allegedly) the additional warranty(50 days passed), he, nor his representative changed what he believied , that he heard, to be a verbal contract to a part of the written contract . If it were so important , he should have done this, and not expect us to remember a conversation that gives us more responsibilty for the same price. Reasonably, we cannot remember every alleged conversation.Especially from two months ago. We look at hundreds of roofs, and, talk to thousands. This all said, if he called and said that he has a leak we would look at it at no cost, just like we do for all customers. If there were a cost to repair, we would give him a proposal. Ironically, he has written multiple paragraphs to any web site that will allow him, but, yet , let Hallmark do the work prior to ironing out any advance warranty issues in writing and said nothing until after the fact. I offered to split the 200 cost of the extended warranty. He said that he will not negotiate. I guess this is what he meant? *** ****
Final Consumer Response
(The consumer indicated he/she DID NOT accept the response from the business.)
Mr. ****'s backpedaling is consistent with his prior tactics. Claiming that he has a written contract with me - he does not. Claiming that he wished to compromise with me:I initially offered to compromise with him and he responded by placing a lien on my house 2 DAYS LATER. Note that I offered resolution in a letter sent return receipt requested, they received it on a Friday, ignored it, did not return my calls or texts, and then placed the lien. He wishes to be seen as reasonable, responsive, professional, when his actions indicate he will stonewall and not reply, and instantly resort to bully tactics. Note again that another complainant reported the same thing to BBB earlier this year, and although BBB posts the complaint as "resolved", the complainant never accepted the "resolution". I don't either. The facts are much simpler than Mr **** presents: There was never a contract, much less a signed one between us as is prescribed by law. There was an estimate prepared for the former owner, and two conversations with Mr **** (sworn ***** attesting to one, I had the other), and during both conversations Mr. **** said the same thing: The roof was in good shape, and he'd extend a two-year no-leak warranty over the entire roof if we had him perform the repairs. That is a verbal agreement and binding. It is our ONLY agreement. Mr. **** has refused to address the discrepancy with me although I have attempted to contact him on multiple occasions via his mobile phone, text messages, his office phone, and via mail, leaving it to his wife to take his phone calls and answer for him. Does this strike you as a businessman that is operating in good faith? Mr. **** also continues to present an A+ BBB rating on his website that he does not possess, and also on his stationary. This is dishonest and misleading, consistent with his other business practices. I am no longer willing to compromise with Mr. ****. The only resolution I will accept is what he offered to me directly and through my realtor: Either extend a two year whole-roof no leak warranty to me as was originally offered, or refund $200 for it - which is not a number I have pulled from thin air; that is the amount his wife demanded I pay for the warranty. Mr, **** may choose one or the other to resolve this with me. Note that I have paid his invoice in full in good faith pending resolution, and to remove the line Mr **** placed upon my home. Mr. **** has 100% of his money, now he needs to honor his agreement with me.