Legal Question in Elder Law in New York

MOM IS 91. i am 61. Salesman sold us an addition*(sunroom) for mom.

Company name is Comfort window and doors.

Mom was all excited its off her bedroom and its all glass so she can watch everyone outside. Salesman told us we could only have a 5 ft sliding glass door that a 6 ft wouldn't fit. I said several times will her walker/wheelchair fit through. He assured us it would fit and even said half of 5 ft is 30 inches. He lied. So mom and I signed the contract.

Now mom stands pitifully by the door that turns out to be 21 inches wide and says I can't go out. It doesn't fit through,meaning her walker (i have on video) .

Salesmans boss says you dont' have anything to prove that saleman said this to you. His word against yours. You have no video, nothing in writing.

So now his boss says he'll do us a favor and give us a discount on a door that has bigger opening. HIs gonna give us options/pricing of french doors to fit current opening or a 6 ft slider that salesman insisted when selling us the sunroom that it wouldn't fit. Again moms 91. we signed the contract with the 5 ft slider because the salesman assured us walker/wheelchair would fit.

Do we have any legal standing?. He knew she was disabled (she has severe spinal stenosis) . All I talked about was mom. How she sometimes can't walk and needs wheelchair. He knew we needed her to be able to fit through from her bedroom to her sunroom with her walker/wheelchair occasionally when her severe spinal stenosis acts up. believe me all her walkers and wheelchair were sitting right with her each time salesman was there. We spoke over and over about her being able to do it herself . He even said there was something we could get to go over the threshold so she could roll her things over it. They are making her pay for the first door and now they want more money for a second door. They charged an enormous amount for the addition 43,000 and we can't afford another door. They also wouldn't give me an itemized list of the cost of each part. Like the door, the windows, I did ask about the electrical and he told me that was $2600. I won't know if the additional cost has a discount or not. Are we stuck because we signed the contract on the saleman lying to us? I have audio of the boss telling us we don't have any proof video or in writing of salesman lying. This is not right . She stands in her room and looks at the room and can't go out there without help. She wants to be independent as much as she can. THis is just not right. He knew she needed access . This whole addition was a stress from start to finish. I said I was gonna file a complaint the boss told me that they weren't gonna fix any of the problems unless i told him I wouldn't . I froze the balance of the funds due until this is finished to my satisfaction and the boss told me they finished per contract and I couldn't freeze the funds. I didn't have any other leverage. I don't know if they are taking all this time to give me the options/price for the 2nd door because he told me he wasn't doing anything unless they knew they'd get paid. I don't trust them to finish with the way he's talking at us. Anyway I need to know if I have any legal case. And do I need a lawyer ? I'm retired and have a mortgage so its gonna be hard if I have to pay a lawyer for this? I need to know if I should just go elsewhere for a new door. We don't want to pay Comfort WIndows and Doors any more money. Any help or advice would be appreciated.

Asked on 9/16/19, 4:47 pm

1 Answer from Attorneys

Richard Bryan Richard Bryan Attorney PC

That's a tough situation. I think if the addition is $43,000 you should consider going to a local lawyer and pay for a consultation and see what she can do for you. It seems to me this is a very emotionally and physically harmful situation for you and mom and you're not going to find a solution from the lawyers on this online email system. You have a lot of information here and I don't have anything to offer you. The only way you're going to get a fair resolution of this situation is to hire someone to speak on your behalf. You've tried by yourself and it hasn't worked. Hire someone to be your advocate.

Good luck.

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Answered on 9/16/19, 6:31 pm

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