Roark Remodeling Adam White, sales/marketing director Return My Money Westerville Ohio

The reason I didn't fill that attachment out that he sent me is because we didn't have a contract. If I would've filled the above form out, I would've been admitting that we had a contract writing. Adam was scheming trying to get me to admit that there was a signed contract. If you all look at the contract, it doesn't have my signature anywhere on it. 

I never would've attempted to hire Adam White had I known he robbed a bank and had mental health issues. I don't think it's fair as a consumer for Adam to be untruthful about his negative behavior. If his company is so sucessful, why would a customer have to pay up front when there was no work completed. What is the 500 dollars for Adam. I did not receive any service from you. I will let everyone know about you.

Once again Adam, if I knew that you were incarcerated and on probation, I wouldn't have never went with your company. I think you should be honest with your customers. About hearing from my attorney: I wanted to exspose you to the public also. I'm not slandering your name because everything is the truth. Your inmate number is A612971. Anyone can go to the offendersearch.com to view your profile. In your above rebuttal where you claming that I stated the contract is legal, anyone in their right mind can clearly see that I was saying that the contract was not legal because of my signed check. I said that because you were trying to say even though I signed the 500 dollar check instead of the contract, it makes the contract legal which is so untrue. Once again Adam, give me my money back before I expose you even more. 

The day Adam came to my house I spoke with him about meeting with my future son in law to maybe hire him. After Adam met with my son in law, my son in law informed me about Adam's incarceration. Adam never mention anything about his recent incarceration. Had Adam told me about his time spent in prison for theft and robbery, I would have never considered him to complete any type of repairs on my house. I gave Adam the check before knowing his history and he was suppose to wait until he received half of the total cost (in which there was no time limit on me giving him the rest of half the payment) before cashing the check. I did not wait until February to ask for my money back. That's a lie. I don't want your service. I want my 500 dollars back. Adam spent the 500 dollars on what? There was no sevice provided to me at all. He didn't buy any materials for my home so what did he spend MY MONEY on? As stated in the email (in my previous rebuttal) by Adam, there was no date on repairing the roof. So Adam spent my money on What? Did it cost me 500 dollars to talk to Adam? Once again, there is no signed contract. Without a signed contract, there's no deal. Adam, I don't want your service. 

1.) If you never intended me to deposit your check, why wait until February to ask for the money back? Wouldn't you cancel the check, or at the very least ask for it back immediately?

2.) Why ask for a copy of the contract if you were still deciding on whether or not to do the project, furthermore, why give someone a check at all if you had no intention of moving forward with the job?

3.) Weekly, to bi-weekly emails were sent to keep in constant contact as a sign of communication and good faith, why was there never any mention of a refund for 5 months! This started on August 22, 2014; only on January 16th, 2015 did you ask for a refund! Who in the world would give a contractor a check without the security of a contract, and allow them to deposit it without any objection? Unless of course you felt absolutely assured you had agreed upon terms from the start, and felt secure in that agreement. That being the case, under Ohio law you have 3 days, not 145 days. All I am asking is to fulfill my end of the agreement- to complete the job for which I was contracted for.

As outlined in the contract which has been duly submitted, the $500.00 was a downpayment TOWARDS a deposit. I re-iterate too that Ms. Jones only started inquiring about a layover (shingles over shingles) AFTER I had been corresponding with her for over two months. I sent an estimate for that type of work which she stated was far too much, and that she would rather wait until after the new year when her finances had changed to complete the roof. 

There's no signed contract. I have several emails from Adam stating that time and money was not an issue with my decission on getting my roof repaired. Here's an email and the unsigned contract.

I sent the orginal contract with the first rebuttal. How is the contract not signed if I supposedly signed it with the stylist. Adam is a complete scammer. For example, here's an email from Adam.

There's no contract without a signature. Adam did not loose any monies. I have several emails from him stating that there's no time constrain on me getting my roof repaired. I tried several times to back out. Once again, he cashed the 500 dollar check 2 days after receiving it.

Here is an email sent to Ms. Jones on January 19th that outlined exactly the circumstances leading up to her demanding a "refund":

Good morning Sheila,

I want to do a quick recap of our history thus far and then describe what the options are.

8/10/2014: An online estimate for your roof was created and delivered via email

8/22/2014: I (Adam "AC" White) and Craig Boffman arrived at your home for an on-sight estimate to check the measurements and price given in the online estimate.

              - We discovered a slight disparity in the measurement and the price was slightly higher than originally quoted.

              - After a long discussion we came to terms for a payment plan wherein you would make a down payment on a deposit. The remaining balance towards the 50% deposit would be paid shortly thereafter, and the  remaining 50% balance would be paid immediately after the roof was completed.

              - You wrote a check for $500, signed it and gave it to me

              - A contract was written on the company tablet system and you signed it with the stylus provided

              - Policy states that a copy of the contract be emailed to the homeowner before leaving the home. 

                Upon attempting to email the signed contract to you in the home the original copy was lost.

                We had run long in our appointment and our meeting had to come to an end, I said I could re-draft the agreement in a few moments, but you had another engagement.

                You told me to keep the check and just email the agreement later that day.

              - The contract was redrafted and emailed that evening. On this draft there was included an image of the signed check you had given me. The signature and the date are clearly visible in the image.

                The check was remotely deposited on 8/22/2014.

                Receipt and deposit of the check enacted the terms of the contract, including the state mandated three day right of rescission, which is clearly stated in full in the draft that was emailed on 8/22/2014

              - I followed up with regular emails from that date to present restating our terms and requesting an update for when we could move forward on the project.

                The replies to my regular updates were consistent in that your intentions were to move forward once other financial obligations were met.

              - In December the idea of a lay-over was entertained, however that type of roof goes against company policy. I was willing to consider it in this circumstance, but my rice to perform that was not of interest to you.

                At that time we had agreed to finally move forward in the first of the year. 

              - On January 6th I had emailed you for an update with the intention to schedule the project.

              - On January 16th (118 days after your acceptance of the terms and my receipt of the signed deposit check) I received a reply to that email that states you wanted the $500 deposit back, and that you hope to finance the full amount of the roof.

That brings us to the present. I have shown nothing but willingness to work with you in non traditional ways, and do want to continue to do so. You mentioned that you hope to finance the full amount, and that would certainly work. I will gladly refund the original $500 deposit once financing has been secured and a check for the deposit of 50% ($2,068.28) is received. We can in effect "exchange checks" at the same time. 

Because the terms in the contract do not allow any alteration or deviation from what is stated, and the 3 day right of rescission has long past, I cannot refund the deposit without this assurance.

Refunding the money you have given will in effect cancel the contract. The penalties to cancelling the contract after the three day right of rescission are clearly stated in our contract that was emailed on 8/22/2014 and are as follows: 

"If homeowner cancels this contract after the three (3) day "customers' right to cancel" cancellation period has expired, but before commencement of construction, then homeowner agrees to pay Roark Remodeling one-third of the total contract price plus any costs incurred for materials, permits, etc. will be deducted from the down payment and the remaining funds will be delivered via certified mail within three (3) business days to the homeowner. If the down payment is less than one-third the total contract price plus costs incurred by contractor, then homeowner agrees to pay the difference within three (3) business days after cancelling this contract (this does not apply if homeowner cancels within the legal "right to cancel" period)."

Taking this into consideration you have two options on how to move forward:

Option 1: To continue our contract, and hold the job idle until such time as your finances will allow you to move forward.

Option 2: To secure financing privately, making the full 50% deposit to Roark Remodeling, Roark Remodeling then refunds the original $500 to you at the same time, work will then commence, and final payment is made immediately upon completion.

I truly want to work with you on this within the parameters of our agreement, and will wait as long as it takes. I am understanding to your needs and want to be of service. I have also included a highlighted copy of our agreement that outlines the terms I have quoted.

I am more than willing to continue to be patient.

Thank you,

AC White

I have no interest in the $500.00. I am actually losing $600 by this cancellation in profit from the completion of the job. 

I am still more than willing to fulfill the contract as written, however cancelling the contract as Sheila has demanded be done actually results in a balance owed to Roark Remodeling of $878.85 the remainder of one-third the contract price penalty owed for cancelling six months after the contracted date.

Ask yourself one question: would anyone just give $500.00 to a relative stranger without the protection of a binding contract? Furthermore, would you then request a copy of the unbound arbitrary contract repeatedly, only to receive it and continue to communicate under the auspices of that contract for six months, only to then deny that such a contract was ever agreed upon and demand a refund outside of the terms set forth in that contract?

Had I completed the job (rather than Ms. Jones cancelling) with the existing agreement in play, but didn't fulfill certain aspects of that contract; such as I didn't cut out a ridge vent, or didn't apply ice and water shield; Ms. Jones would then rightfully have a complaint against me in that I didn't fulfill my obligations outlined in our contract. Under this hypothetical situation she would have a legitimate grievance against me because I did not do what I said I was going to do. 

It is very simple: Ms. Jones made a commitment to replacing her roof with my company. She made a "down payment towards a deposit", not even a full deposit. In effect she had put her roof on "layaway". Even though there was no time limit placed on her to complete the deposit payment she promised to have it paid within a month, then after six months she decides she wants to cancel the contract and demands a refund. If you put something on layaway at a retail store and fail to make payments do they give you a refund? NO. Why? Because the store has counted that as a sale, and as such accounted for the potential profit of that sale under the binding agreement between the customer and the store. When a customer fails to complete the transaction the store loses the potential profit of that transaction, therefore the penalty for cancelling is to motivate the customer to complete their part in the contract so that the agreement itself is respected and can be upheld. This is in essence a microcosmic example of our national philosophy, and the basis of capitalism: the honor in the agreement.

Ms. Jones claims that I some how "scammed" her lies on the premise that I was in someway dishonest, and that I had said one thing and done another. When in fact it is the complete opposite: she has in fact scammed me She made promises and failed to act on them, and now has added to her offense by attempting to slander my company with this false accusation.

The proper response in this is to file a lawsuit in small claims court and allow an arbiter decide on the case. Ms. Jones had not filed such a lawsuit, nor has she had legal representation contact me. She has had two months to do so since she made the initial demand for a refund. There is only one reason for this: that is that she knows she has no case, and that if she did so a ruling on my behalf would in fact result in the court ordering her to pay me the remaining one third of the contract price ($878.85) as the penalty for cancelling past the three day right of rescission.

In summation, I will honor my end of the contract as written at any time and will complete the work outlined therein. I am a man of my word. I have the integrity to always do exactly what I say I will do. I have only asked that Ms. Jones be held to the same standard.