Help! Can They do this? Home Depot Threatening me

[CreditDiva]

Hi,

Can anybody help with what I should do in this situation. In March 2005, I had Home Depot at home services install 9 replacement windows, at a cost of $6K, which I paid for via credit card. 4 weeks after the installation, I noticed water damage around two of the windows , where is looks like it has not been sealed properly from the outside. The wall area where the water damage has occurred, has now turned black, with healthy black mold growing, and some type of fungi, mushroom growth growing all around it.

I have called them repeatedly to come out and address the problem, but it has now been 3 months and nothing has been done, except for them giving me the run around. I have created a paper trail, in case i need to sue them on this if this is not fixed within the next 30 days - It is now June 2005, 3 months later - ( I am supposed to have a 10yr Warranty) , I also called my credit card company and requested a chargeback on the payment to see if that would get their attention.

I was left a message by home depot saying that they would place a lien on my home, can they do this? I have just cleaned up my CR, in prep for obtaining a new mortgage and don't need this crap on my CR.

They have not fufilled their terms of contract by providing shoddy work, and not returning to fufil warranty so why should I feel I have to pay...I am also filing a complaint at BBB, and State Licensing board..

[ghacorp]

Yes absolutely they are within their rights to pursue a mechanics lien. Chargebacks are best used only as a last resort and as a result your credit could be trashed. HD normally supplies the material and hires-out private contractors to do the work.

[jpm121]

Chances are this is a case of right-hand/left-hand -- the accounting department doesn't know anything about your ongoing warranty issue. I've dealt with HD and similar outfits in their "measure & install" programs and it can be a maze of subcontractors and a communications nightmare.

I'd let the people who called you know about the outstanding warranty claim, and see if they can shake loose someone in the service/installations department to fix the problem. Let them know that you fully intend to pay for the products and services you received, but part of what you paid for is the warranty and you expect it to be handled. Sounds like you're also entitled to repair of the surrounding walls, and possibly any structural damage that has occurred inside the walls of your home.

Good that you're keeping a paper trail; make sure that includes lots of photos of the outside and inside of the openings.

You might also try working your way around HD headquarters in Atlanta.

[Xanathos]

It's not even just the warranty...it's the fact that she paid for services not rendered (improper installation). Home Depot is usually pretty good about customer service problem type issues...really kind of surprised nobody has stepped up to help you out yet. Maybe you should call corporate.

[c m chase]

You may have already done so, but make sure you've taken lots of pictures of that mold and any visible gaps in the windows, etc. If it comes to it, judges love pictures.

[noel194]

It depends on which state you are in. In Maryland, where I live the value of the work completed for home inprovements must exceed 15% of the current value of your home before a mechanics lien can be placed.

[ocn2000]

Go a head and file your lawsuit now. It will get thibgs rolling on the legal end and light a fire under their a$$ to fix the problem before they end up in court. Just take plenty of pictures and document and recored everything.