Legal Question in Business Law in Texas
My grandmother payed for a pool service business to come by and drain the pool and then cover it with a pool cover. they gave her a receipt below:
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Date: 4/10/11 Terms:
To: Suong Conley
In Account With: Extreme Clean Pool
P.O. 6745 817-770-7131
Granbury TX 76049
Pool Cover $184.24
Delivery $20.00
Blocks $60.00
PVC $15.00
Clean $50.00
Install Cover $90.00
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$419.24
We are not held responsible for any mishaps with draining of pool
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One day it was very windy and my grandmother noticed that the pool cover they constructed wasn't going to work so she called them about it and they came back and took the cover and said they'll be back with a way to better cover the pool. It is now 4/25/11 and I asked my grandmother about the pool and she said she doesn't know anything about it. They haven't called back and they aren't answering there office phone. I could not stand idle as someone just takes money from my grandmother and abuses her ignorance so I called them and I just get voice mail and leave a message, still not call back. So now I'm here and I wanted to know what i can do about this? any suggestions would be most grateful.
1 Answer from Attorneys
As a Franchise Attorney I think more information is needed. When did they take away the pool cover? If it has been over a month, then something is definitely amiss. In that event, you should send them a registered demand letter that they fix the cover by a certain date (or refund your money) and that if they don't, you will sue them (most likely in small claims court). Consult with a good business or franchise attorney in your area for specific advice.
Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.
Franchise Foundations, a Professional Corporation
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