Legal Question in Consumer Law in Florida

Refund of paid estimate

Ipaid a fee to get an estimate to fix my hot tub. A portion of this fee would be credited to my bill if I decided to go with this estimate.Was told could get done 3-4 days after acceptance. called the company left message to schedulework rec'd no reply called again in apx 1 week spoke to mike and was told he would order parts. scheduled this service to be completed three times and each time he has had an excuse. This has been going on since 12/20/02 today is 1/15/03 am I entitled to get the fee I paid back. fee was only $65.00 but its one of those(its the principal of the situation)


Asked on 1/15/03, 3:15 pm

1 Answer from Attorneys

Randall Gilbert Gilbert & Caddy P.A.

Re: Refund of paid estimate

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney�s individualized advice for you. By reading the �Response� to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

RESPONSE:

(1) You are not entitled to get your $65.00 back.

(2) The Contractor already ordered your parts and, if the contract is silent as to when performance is to begin, the Contractor is only required to perform in a reasonable amount of time taking into consideration industry standards.

(3) By the time you file a lawsuit your spa will more than likely be fixed so have patience.

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Answered on 1/15/03, 3:37 pm


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