Sears canceled my contract after signing, approving, cashing my check and scheduling the installation!
They supposedly made a big error in pricing! Please see below. I am currently deciding on the best attorney.
The Generam Manager, Marlon Aguilar, turned out to be a dishonest person who speaks from both sides of his mouth.
>> Sent: Tuesday, January 04, 2011 11:17 AM
>> To: Suzy Dempsey; Marlon Aguilar
>> Cc: Leslie Bayas; [email protected]
>> Subject: Breach of Contract/Bait-and-Switch scheme
>>
>> Dear Suzy:
>>
>> I am writing this in response to your telephone call on Thursday,
>> December 30th, 2010 regarding the contract agreement that Sears
>> entered with me to replace the roof on my home.
>>
>> According to your explanation, your sales person, Philip Navaro, made
>> a major mistake - that he under-sold the roof replacement job by
>> $15, 000 and that I was supposed to pay $38, 000 instead of the agreed
>> upon, contract amount of $23, 291. You further stated that your VP has
>> stated that "... if we do the job for this amount, we will all lose
>> our jobs!" and that you are "offering" me to pay or finance "only" an
>> additional $5, 000 out of the $15, 000 that you supposedly under-sold
>> the job by. You also reminded me to read the fine-print in the
>> contract. Thank you very much, I have done so, and I had my attorney
>> review it as well.
>>
>> Well, as I expressed to you during my conversation with you last
>> Thursday, I will not agree to this bait-and-switch scheme under any
>> circumstance. This is a breach of contract and I have documents
>> (contract, cancelled check, credit department approval, emails from
>> Mr. Navaro), witnesses, etc., etc. to proof it in a court of law. What
>> I regret is the fact that I failed to research your office, Sears Home
>> Improvement Los Angeles South, to check your record; in case you are
>> not aware, there are many individuals that are willing to talk about
>> their "experience" with your particular establishment!
>>
>> Please be advised that I have both the resources and the resolve to
>> take your corporation to court as I find this type of business
>> practice by those who represent Sears, one of the most respected
>> corporations in the United States, to be absolutely deplorable.
>> At this stage, I am asking you to honor the contract agreement that
>> you fully executed and have my roof replaced as scheduled.
>>
>> Respectfully,
>> Dan Teshome
Please let me know if you are planning to schedule a call as you
indicated. I am available today given an hour notice.
Thank you,
Dan Teshome
---------- Forwarded message ----------
From: dan teshome <[email protected]>
Date: Wed, Jan 5, 2011 at 8:22 AM
Subject: Re: Breach of Contract/Bait-and-Switch scheme
To: Marlon Aguilar <[email protected]>
Mr. Aguilar, are you able to scheduale a meeting via telephone for 12
noon?
Please let me know.
Thanks,
Dan Teshome
On Tue, Jan 4, 2011 at 3:01 PM, Marlon Aguilar
<[email protected]> wrote:
> Fair enough, I'm reviewing your file and am confident we can come to a amicable resolution.
>
> -----Original Message-----
> From: dan teshome [mailto:[email protected]]
> Sent: Tuesday, January 04, 2011 3:00 PM
> To: Marlon Aguilar
> Subject: Re: Breach of Contract/Bait-and-Switch scheme
>
> Mr. Aguilar, I will let you know what the best time will be. At this
> stage, please limit all further communication to my email alone -
> don't copy anyone else as that will mean extra cost and a point of
> "no-return" as far as a quick resolution is concerned (this, of
> course, does not apply to your associates).
>
> Thanks,
> Dan
>
> On Tue, Jan 4, 2011 at 2:42 PM, Marlon Aguilar
> <[email protected]> wrote:
>> Mr. Teshome, I would like to set up a time for me to discuss this matter with you. Please let me know when is a good time and day and we will schedule a call.
>>
>> -----Original Message-----
>> From: dan teshome [mailto:[email protected]]