• Report: #965307

Complaint Review: Capital Remodeling, Inc

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  • Submitted: Tue, November 06, 2012
  • Updated: Wed, January 23, 2013

  • Reported By: Cher — Marietta Georgia United States of America
Capital Remodeling, Inc
900 Old Roswell Lakes Pkwy #300 Roswell, Georgia United States of America

Capital Remodeling, Inc Capital Signed a contract;cancelled 4 days later;They charge 30%($2600)if not cancelled in writing in 3 days Roswell, Georgia

*Consumer Comment: My father was in this same position

*Author of original report: Once AGain

*UPDATE Employee: ONCE AGAIN...... "READ THE LAW"

*Author of original report: Companies that try to entrap customers

*UPDATE Employee: Please read the law on line

*Author of original report: Capitol Remodeling Rip Off

*UPDATE Employee: Rebuttal to above listed complaint

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Signed a contract for window replacement. Cancelled order 4 days later and they said that it has to be cancelled within 4 days of signing in writing or they charge 30%($2,34). They have not measured or anything to date. Definately a Rip Off Trick! 

This report was posted on Ripoff Report on 11/06/2012 06:51 AM and is a permanent record located here: http://www.ripoffreport.com/r/Capital-Remodeling-Inc/Roswell-Georgia-30076/Capital-Remodeling-Inc-Capital-Signed-a-contractcancelled-4-days-laterThey-charge-30-965307. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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REBUTTALS & REPLIES:
3Author 4Consumer 0Employee/Owner
Updates & Rebuttals

#1 Consumer Comment

My father was in this same position

AUTHOR: capitalremodeling_SCAM - ()

You have options! My father was in this exact same position in Virginia and he recently won a judgement against the company for the full deposit amount plus costs. Their door salesman looked my elderly, Vietnamese immigrant father in the face after my father requested more time to think about the contract price and told him not to worry he could always cancel. My dad signed and attempted to cancel when they called to schedule the window measurement appointment. They tried to convince him to finance through them.

Luckily, we found that the contract they had him sign was not compliant with the Virginia Home Solicitation Sales Act. I wrote a demand letter to the firm requesting a portion of the deposit back (acknowledging our fault), but as the company had done NO work and ordered ZERO supplies, we felt we deserved a portion of it back given that the contract wasn't compliant with the law anyways. They wrote back that even if we cancelled, they were allowed to keep our deposit because of their "liquidated damages" clause that states that if the contract is cancelled after three days but before any work is performed, they would still get to keep "at a minimum 30% of the contract price." I did further research in this an a quick wiki search of the concept of liquidated damages reveals that not all clauses of such are enforceable - http://en.wikipedia.org/wiki/Liquidated_damages. 

We took them to court and after delays from their lawyer and a language barrier problem, my father finally won in Circuit Court! So, don't take this lying down, I'd look up GA law to see if the contract they used with you was also non-compliant. Then, consider hiring a lawyer to sue them! We were lucky to win pro se, I think a professional would have saved half the headache. 

Here are the two primary sources my father used:
1. http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+59.1-21.4
2. https://docs.google.com/viewer?a=v&q=cache:SQ2vVl14LaUJ:www.lsnv.org/_literature_26824/Damage_Clauses_for_a_Default_Liquidated_Damages_or_Penalty+&hl=en&gl=us&pid=bl&srcid=ADGEESiIVv7xJrut1hW0bivDLNzBUsiP4QHuO82X0-dcwEuwrPVVouCkigLf0v8kV_y2fVeMWM7ZdaXYc7Q7mWLjHRR6rAjNYLjz4a97mMUzrPwDiQUfkucSp31Auj0wKv9DpIgf69Q8&sig=AHIEtbTmk_bnYdxw-tCBizcQr1sB8XFmPQ

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#2 Author of original report

Once AGain

AUTHOR: Cher - (USA)

Once Again. What Law?
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#3 UPDATE Employee

ONCE AGAIN...... "READ THE LAW"

AUTHOR: Capital Remodeling - (United States of America)

In Writing proves something has happened or changed with the orgional contract.  I am sure you have heard the expression "If it is not documented then it never happened"  You cant walk into a bank and deposite cash, or cash a check, or transfer money with out some form of documentation showing proof of what happened. When ever money is involved you need documentation.  Bottom line. If you had read the contract. Followed the listed instructions. You would not of had this issue.  People who don't obey the law, or think the law does not apply to them are always pointing fingers and blaming other people.  These are the same people on these sites that attack great compaines.     Once again please go to GOOGLE put in "GA Builder Contract Law"  If you have time to write these false things about a great comapiny. Then you have the time to research factual free intelligent information, that proves once again that it is the "LAW OF GEORGIA" not the law of this great company.     Next time you respond to this. Please read the law for yourself before commenting any futher.  Its the responsible professional thing to do. 
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#4 Author of original report

Companies that try to entrap customers

AUTHOR: Cher - (USA)

Even if there was such a law (which I was told that it would be emailed, but never was) a reputable company would not need to try to entrap a customer that cancelled services a few hours later and before any service or work was done.
What kind of company would want to begin a working relationship with a customer who is irate and does not want to do business with a company who attempts to force their services "down ones throat". Their contract states that it must be "cancelled in writing". Another method to entrap and be paid for no work or service done.
Not a company that I will do business with!
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#5 UPDATE Employee

Please read the law on line

AUTHOR: Capital Remodeling - (United States of America)

Please go to Google.  Put in your search.   "GA builder contract law"    It is right there in black and white for you to read.   If you canceled within 3 days and mailed in the signed cancellation form on the contract it would of been within your cancellation period.  Your first statement said you cancelled on the 4th day, which makes the contract valid.     You may also go to the BBB and see our current A Rating .  You may also go to Angie's list.  Put our company name in the search engine and you will see our Super Customer Service award we got for 2012.  We are a great company we were rated over 800 times last year on Angie's list.  800 people cant be wrong about us...   Please review the law for your self before adding more negative things.    The law is the law....
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#6 Author of original report

Capitol Remodeling Rip Off

AUTHOR: Cher - (USA)

Someone called and said they would send me the "Georgia Law". That was 2 months ago.
They threaten their customers with this statement.
This order was cancelled before the 4th business day. They had not done anything! It was over 3 weeks before they started calling to make an appointment to come out to measure ( which violates the contract they promise).
The representative that stated he would send the "Georgia Law" and did not, also said that he had to pay the commissions (???). I have a job that pays on commission and you do NOT get paid until the deal is DONE.
Are there any contract employees that get paid after the 3rd day if they have done nothing??? At least contact Capitol Remodeling for jobs! It would be nice to get paid and have done NOTHING.
As a consumer, I am appalled that this company thinks that threatening their customers and having their employees (contract or not) thrown into a volatile relationship to begin the job is any way to build a reputation for anyone to be proud of.
Sincerely!!!
Cher Hensley
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#7 UPDATE Employee

Rebuttal to above listed complaint

AUTHOR: Capital Remodeling - (United States of America)

Ga state law says,  That any person who signes a contract with a bulider has 3 days to cancel the contract.  After midnight on the 3rd business day after the date of the orgional contract.  The contract now becomes lawful and vaild.  This is stated on the front page of every home improvement contract by law.  This law is in place to protect the home owner and the contractor.  Contracts are written for important reasons.  Once someone breaks the contract there are always repercussions.  That is the whole point of a contract. That is what holds people to there word or contract.  People are quick to blame other people for everything.  My question is this. Who is more creditable ?  A company who obey's the law. Or a customer who breaks the contract not supported by law and then writes things like this about law abiding compaines ?     This is the same type of person who will buy a new car.  Drive it for 2 weeks. Put 1,000 miles on it and then take it back and say, I dont want it anymore and not pay a dime for it.   The dealer will say please review your contract. Which is what this person should of done in the first place before trying to make a great company look bad.......     
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