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 Post subject: Who to complain to about furnace contractor fraud?
PostPosted: Nov Tue 19, 2019 4:57 pm 
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Joined: Mar Tue 03, 2009 11:12 pm
Posts: 1723
Location: Great Bend KS
Long story made short; I put my rental property up for sale by a "reputable" realtor company. They found an immediate buyer but one unit had a bad furnace and they wanted it replaced to finalize the sale. I was given the assumption that closing was in just a few days and they had a furnace guy ready to replace the furnace in time. I reluctantly gave my go ahead. Furnace guy gave realtor a 1800 dollar estimate to be taken out of sale proceeds. Estimate had a 70Kbtu 80% furnace but what was installed, I found out later, is a 45Kbtu! Realtor had paid the furnace guy from the estimate, not the actual invoice. Furnace guy refuses to give me the actual invoice so I can verify what was I being charged for, a 70k or a 45 k. Well, 6 months later, property hasn't closed due to problems with lot split, replat, and other such nonsense. But that is another story! The realtor can't get any results either in requesting a invoice from furnace install. I really want to badmouth this guy and get results, but not sure how to go about it.


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 Post subject: Re: Who to complain to about furnace contractor fraud?
PostPosted: Nov Tue 19, 2019 5:40 pm 
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Joined: Jan Thu 01, 1970 1:00 am
Posts: 14912
Location: S. Dartmouth MA 02748-1225 USA
Quote:
Realtor had paid the furnace guy from the estimate, not the actual invoice. Furnace guy refuses............
Furnace guy & Realtor are Buds...

Complain to: The town inspector and its licensing board if any. Also to the state board that licenses the master and technicians for heating systems. There may be online services from the state board if you can grab the licenses number. The states are rather harsh in dealing with infractions of licensed masters.

The licensing board of realtors is also an avenue...

If the tech installed without a license and a permit a big Oops! Can quickly become criminal case.

Use caution as the installation could become illegal and other problems could come into play like loosing occupancy permit. Insurance issues, blah, blah, blah...

The installer could risk suspension of their license and at this time of year $$$$$

https://www.fieldpulse.com/academy/hvac ... uirements/

>>> https://ks-hutchinson.civicplus.com/169 ... Inspection

Navigate the page for the info you need...

Wow! Licensee needs 1/2mil liability insurance!

GL

Chas

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Last edited by Chas on Nov Tue 19, 2019 7:01 pm, edited 1 time in total.

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 Post subject: Re: Who to complain to about furnace contractor fraud?
PostPosted: Nov Tue 19, 2019 6:23 pm 
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Location: The Great Pacific Northwest
I would first spend $200 on an attorney to send him/them an official letter citing
the issues and what the consequences can be for them. :|

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 Post subject: Re: Who to complain to about furnace contractor fraud?
PostPosted: Nov Tue 19, 2019 6:32 pm 
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Joined: Aug Mon 17, 2009 4:11 pm
Posts: 3539
Location: DFW Texas
Attorney is a great start and the license board. Good luck to ya.

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 Post subject: Re: Who to complain to about furnace contractor fraud?
PostPosted: Nov Tue 19, 2019 6:49 pm 
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Location: Detroit, MI USA
State Attorney General would be a really good resource as well. But start with the local licensing board.

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 Post subject: Re: Who to complain to about furnace contractor fraud?
PostPosted: Nov Tue 19, 2019 7:02 pm 
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Joined: Jan Thu 01, 1970 1:00 am
Posts: 8716
Location: 13 Critchley Avenue, PO Box 36, Monteith Ont, P0K 1P0
RadioNut39 wrote:
I would first spend $200 on an attorney to send him/them an official letter citing
the issues and what the consequences can be for them. :|



This ^^^


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 Post subject: Re: Who to complain to about furnace contractor fraud?
PostPosted: Nov Tue 19, 2019 7:36 pm 
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Joined: Dec Wed 25, 2013 7:57 am
Posts: 4880
Location: USA
By definition, the real estate broker is an "agent," who has a "duty" to act in your best interest and be transparent if there are any conflicts of interest

- Assuming this guy you're dealing with is an "agent" at the real estate company, I think you need to be talking the supervising "broker." In this case, something doesn't sound right. I think you may want to discover what their relationship is with the furnace guy; get the answer in writing (i.e. paper, e-mail) in case this gets ugly

- You can flatly tell them this real estate transaction will not close unless (1) furnace passes city inspsection for code compliance and (2) actual invoice for the work performed is part of escrow closing. If both happens, the furnace guy gets paid by the escrow officer at closing; no one gets paid otherwise. This will be written as specific instructions in to the escrow officer; the buyer should agree to this because the buyer has an interest in getting this right

If the above can't happen because another outfit has to fix the furnace mistake, then it's real estate broker's fault. This could be settle by deducting the cost from their commission; also document this in the escrow instructions.

I think this would put everyone on notice to make it right. For reporting purposes, you can report both the real estate broker and the furnace guy to the relevant state boards. Most states have established procedures for this.

If for any reason the whole transaction falls apart, the real estate agent owes the furnace guy money, not you. If these two parties don't agree, let them sue you. The furnace guy may try to file a "mechanic lien" agains the property, but that would be a good thing because he has to produce documentation

Take lots of notes (date time, who said what. written documentation like fax or e-mail is best).

(just my opinion on how to handle this)


Last edited by AJJ on Nov Tue 19, 2019 7:53 pm, edited 6 times in total.

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 Post subject: Re: Who to complain to about furnace contractor fraud?
PostPosted: Nov Tue 19, 2019 7:42 pm 
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Joined: Jan Thu 01, 1970 1:00 am
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Location: Beautiful Downtown Burbank CA
Any incriminating evidence on paper?


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 Post subject: Re: Who to complain to about furnace contractor fraud?
PostPosted: Nov Tue 19, 2019 10:13 pm 
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Joined: Jan Thu 01, 1970 1:00 am
Posts: 9485
Location: Beaver Falls, PA. USA
Just mention the word "attorney" to the parties involved, and see what happens.....

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 Post subject: Re: Who to complain to about furnace contractor fraud?
PostPosted: Nov Tue 19, 2019 11:39 pm 
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Posts: 3765
Location: Port Orchard, Wa 98366
Better Business Bureau, State Attorneys Office as suggested. See if you can contact a Television stations investigative reporter.

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