Legal Question in Real Estate Law in California
installed doors left by store
last august/25th/2006. I had doors installed on the front of my property wall,which enters into the pool area right off the driveway . these doors were supposed to open up going outwards,not inwards,when they hung them they went the wrong way,so they tried flipping the doors around, which didn't fit the frame right so they proceeded to chisle way at it,they really made a mess of it, so they said they would re-order new doors going in the right direction.They left the doors hanging, the doors are still lacking the glass, some molding, is uneven and warped...these were very expensive mesquite doors, we paid $4200,for them .... We kept in constant contact with them to see when the doors would be delivered,at the end of Novemebr /2006 my husband requested that they reimburse us for the doors and come to the property to pick up their doors and put our old doors back up,3 times we scheduled for them to pick-up ,and everytime,we went over to the store the day before the scheduled day and they would cancel.The last time my husband actually offered them $1500. for the doors ,but they didn't take it. Its now February 16th/2007,they have not bothered to contact us.At what point would these doors would be considered part of the property.
1 Answer from Attorneys
Re: installed doors left by store
It does not sound as if the door seller has any desire to reclaim the doors and refund your money. At this point, I recommend that consider filing a small claims action.
Before filing, I recommend that you get a written bid from a carpenter or another door supplier come out to your home, provide you with an estimate to remove and replace the doors - it would also help if that bid/estimates includes some verbiage about the existing doors' condition and need for replacement. In addition, before filing, I recommend that send the door company a letter, certified return-receipt requested, spelling out your complaints and your request to reclaims doors and refund money -- provide a deadline in letter and indicate if no action take, you will proceed with a civil action. Finally, before doors are removed, I recommend that you thoroughly photograph the condition to show the small claims judge.
For further assistance on small claims actions, go to:
http://www.lawhelpcalifornia.org/CA/StateChannelResults.cfm/County/%20/City/%20/demoMode/%3D%201/Language/1/State/CA/TextOnly/N/ZipCode/%20/LoggedIn/0/iSubTopicID/2/iProblemCodeID/1090200/sTopicImage/g-consumer.gif/iTopicID/828/bAllState/0/ichannelid/137
Good luck
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