Legal Question in Consumer Law in Minnesota

Three of us friends had a sealcoating company do our driveways on 8-4-2009. In April 2010 we noticed in numerous areas where the coating was lifting. I contacted the owner of the franchise that April and he stated he would make good on this problem. It was raining lightly occasionally on the day that it was applied and he attributed the lifting to the rain. He would redo the driveway in June 2010. 2nd to last day in June I called him..no answer. I left him a message that June was soon to be gone. Never rcvd any answer. Called the corporate office and explained the situation. Nobody seemed to care about damage control. I have many pictures of the affected areas and wish to take him to small claims court. He had stated to my neighbor after June had passed that his "technician" had come out to look at the situation. He contended that it did not stick due to the previous sealcoating underneath. I also know of another person who used the same company on new tar in 2008, and again in 2009 only to have it lift off just as ours has. I hope to get him to put that on paper and get it notarized. Any advice as far as how to proceed? My neighbors and I plan to document all of this. They also will be listed on the court document. And if awarded the said amount, is the owner required to pay? I have heard that there may be a judgement awarded, but that does not get you any money. Any advice would be greatly appreciated. thank you.


Asked on 1/25/11, 5:01 pm

1 Answer from Attorneys

David Anderson Anderson Business Law LLC

You need to sue the Owner of The Business and perhaps go after their License.

Call for free consultation.

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Answered on 1/27/11, 1:26 pm


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