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  Barnoski Painting

  22 Paul St Daly City, CA 94014

  
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  Barnoski Painting

  Daly, CA 94015-4726

  

The complaint text that is displayed might not represent all complaints filed with BBB. Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business.

• Initial Complaint

  Date:07/26/2024

  Type:Product Issues
  Status:

  AnsweredMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  **** Barnoski, owner of ************************ met twice to discuss the estimate to paint the entire exterior at ****************************************************. We agreed on $12,795.00, provided I allow him to put a large "before & after pictorial advertisement on my front lawn because it will be good advertisement in a high traffic area." He requested on 06-13-24 & I gave him a $1000.00 "deposit check" (check #***). The job was to be started "on 07-22-24, maybe sooner". I immediately informed my neighbors on either side of my home about the impending 07-22-24 paint job.I called **** on 07-17-24 at 1700 pm to clarify when he was coming. He informed me "can't, maybe next week or later". I told him that's "not going to work". Then he said "it's peanuts to do your job. You won't find anyone." He then demanded a cancellation fee, I protested & said "nothing in our conversations nor in the contract was there anything about a cancellation fee." He dropped the subject. I continue to listen to his rant. Finally, **** said "I'm glad I am not working with you." & hung up.On 07-25-24, I tried calling **** 3 times @ 1023 but he did not pick up. I then texted him, saying I have not heard from him nor receive my deposit. That "if he forces me, I will take legal action to recover my deposit." He then texted me back with a long text, said he "will refund a portion of the $1000 deposit by mail. That "by law, he is entitled to full forfeiture of the deposit unless cancellation is made in 3 days. It is up to his discretion as to how much the cancellation fee will be," I responded by text (per his request) that "I demand a full refund, That I will file be filing a complaint with the Better Business Bureau & a claim with the court to recover the full amount, if need be. Your cooperation is appreciated." I did not receive a response.**** never informed me of a cancellation fee or full forfeiture of the deposit if not cancelled within 3 days. No such terms in contract either.Thank you.

  

  Business Response

  Date: 08/20/2024

  Hello, there were a few conversations we had prior to signing and only one after. 
  
  based on her letter alone, she said a few things. 
  
  1. we agreed on a price provided she allowed a sign to show before and after work, that low price for the large about of work is peanuts compared to what it should  cost and it was ******, i was trying to help her out . because her house is in terrible shape and shes aware of the discounts i gave her. 
  
  Thats why its mentioned in there, she agreed to allow as sign. out front , for me lowering the price drastically, so if i said peanuts , which meant Were doing the job for peanuts, compared to what it should be. All because i was trying help her on her budget. 
  
  2. 7-22-24 i never gave her an exact start date, we only said late july and possible that week of 7/22-7/26
   this job would take about 6-8 days so clearly not a one day job, but she meant starting date. however we never had an exact date.
  
  3. she said in this letter she called on 7/17 and asked when i can start
  
  she says,  i said maybe next week, 
  which is the week of the 22nd or the week after, 
  
  She admits she immediately said thats not going to work then she said i cant wait that long.
  
  i told her no one else can just show up without scheduling a large job like this ,so if you want it done we will have it done soon sometime in late july. 
  
  she said no, i want to cancel i want my money back.
  
  i said ok, but you cant cancel after 3 business days. 
  she said its not in the contract ,
  but it is very clear 
  it is in the contract , but i dont say how much the fee is, i will decide once i get the time rescheduled. In usual practice the entire deposit can be forfeited if its cancelled AFTER the legal time limit. 
  
  then i did send her $500 back last week as a offer in compromise. 
  
  She declined, shes now seeking legal action and thats fine, 
  customers can not cancel after the allowed time period by law, its not my rule. its a FTC rule and state rule
  
  At the bottom of her letter she said she was never informed, its in bold in the contract , so she did not read the simple one page contract.