Legal Question in Consumer Law in New Jersey

Contractor doesn't give me quote then charges exorbitant amount for home repair

A/C wasn't working on a Fri afternoon. I called our usual contractor who said cost is $70 to come over and look at problem. I agree. He sends techinician over, who, without prior permission, and adds 2lbs freon to unit. After, he tells me that the unit needed refrigerant. Then gives me bill and I question why freon is $224? He tells me i have to pay but I can talk to his boss about it later. SO I write him a check and sign it saying he serviced the a/c. I call boss Sunday to question price. He offers us $70 off. I am stil not happy and tell him I''m stopping check, which I indeed do. He sues us in small claims. I just came back from court today. In my testimony I referred to Consumer Fraud Act ''deceptive practice'' law (subchapter 10 13:45A-10.3) which says any home improvement over $200 should be preceded by written quote. Judge ruled in favor of plaintiff, saying that consumer fraud act doesn't apply. My question: WHY DOESN''T IT APPLY? Statute clearly says ''Home improvement means remodeling, altering..REPAIRING, etc of RESIDENTIAL..property..AND INCLUDES..REPAIR OF driveways..central heating AND AIR CONDITIONING EQUIPMENT.''


Asked on 8/07/03, 1:01 pm

1 Answer from Attorneys

Glen Chulsky Law Office of Glen H. Chulsky

Re: Contractor doesn't give me quote then charges exorbitant amount for home rep

From what you posted, it does apply. Seems like you fell victim to a judge (I presume in Bergen County) who did't really understand the Act. Unfortunately, you didn't have an attorney represent you experienced in the CFA. Your post has other possible implications. Did the contractor sue you or an attorney? Was there any collection agency involved? If there was an attorney or agency involved you may want to speak to an attorney to see if they violated the Fair Debt Collection Practices Act.

www.njconsumerfraudlawyers.com

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Answered on 8/07/03, 2:44 pm


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