Legal Question in Consumer Law in California
During a regular maintenance call, my senior citizen mom contracted to have an entirely new heating & A/C system installed in her house. She was also told carbon monoxide "could" get into her house from the expanding heat exchanger, but it wasn�t dangerous at the moment. She was told she would get higher rebates if she bought the more efficient, and therefore much more expensive, equipment. And she was told if she didn�t get the work done right away, she wouldn�t qualify for the rebates.
While the salesguy offered her a slight discount at the moment of the negotiation, he told her she couldn't get that discount unless she agreed to have the work done the next day, which did not give her any time to get competitive bids.
She also was not properly informed of how the financing worked (it was an open-ended credit card, not a regular consumer loan with a set term); she thought the interest rate was 1.38% (that was actually her monthly payment) when, in fact, the interest rate was 11.99%.
Once she told me about all this, I did research, found she was extremely over-charged; I called the company, but they said that's their price.
The sales guys told me he told my mom the carbon monoxide situation wasn't "dangerous", but just by saying there was that potential, I believe this made my mom fearful.
I believe my mom was pressured into buying an entirely new system that she didn't even need in first place; she had no complaints and it was working properly. She was also pressured to make a quick decision about this expensive installation because of rebates that are available. She was made fearful about potential carbon monoxide issues and she was misinformed about the financing.
In addition to reporting this company to the BBB and the CA Contractors State Licensing Board, I�m planning on taking this company to small claims court. I got 2 competitive bids that are several thousand dollars less (but only one would agree to put it in writing).
What else can I do to make my best case and get some money back for my mom?
2 Answers from Attorneys
Allege Elder Financial Abuse.
Contact the Elder Abuse unit in your county's District Attorney's office and report these guys for Elder Financial Abuse.
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