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Is a verbal agreement in front of a witness binding?

Sent to Legal Experts June 14 2006 at 4:57 PM
   

When I placed an order for countertops, a friend of mine - the witness - was with me. We had to drive from Margate to Lake Worth to select the countertops and the Pres. of the company was our salesperson. I was told what to select from and I chose from what he showed us. At no time were my friend and I ever told of any extra cost. Now Home Depot wants over $1000 more because "I" chose a more expensive countertop and they are dismissing the fact that I have a witness who will confirm I only chose from what I was told to select from.
This has gone on for 2 months, Home Depot Corp. has been emailed and called and they are very slow to call me back - I usually call them after 5 days.   
I am a single parent, full-time teacher with a "fixed" income and I moved in with my mother, who is 93 and homebound. I feel like Home Depot is holding my countertops hostage, and they have my sink at the granite cutters and I have no kitchen. I need to have my countertops done so I can cook properly and put all my cooking supplies back in my cabinets so I can use them. My mother at 93 deserves better than this, but when I mention that I need to care for her I have been told "you already said that" like they have no understanding or compassion for the elderly.
My friend will testify, if necessary, that she was with me and that I selected only from what I was shown. Home Depot has always dismissed this detail and a store manager, Jeff, in Coral Springs actually said that my witness was "speculation" to which I replied it was fact and then he said he did not want to argue semantics, to which I replied, he was calling us liars. He went on to say that the other people had witnesses also, but we told him that the only witness to the entire transaction was my friend.
PLEASE help me. I need to know if an agreement made before a witness, is binding.   I know it was a law in 1978, but I need to know if it is still in effect so I can get my countertops from being held hostage.
Incidentally, I was also told I could not have my money refunded.   Since Nov. 2005 until recently, I have spent well over $15,000 to Home Depot, every order has had mistakes with wrong parts or missing parts and even the latest order I picked up a few weeks ago was missing a piece.   The store does not seem to care how it treats people or what they had spent and especially what they can afford.   Please again, I need help. The situation we are in is not the best as it should be for my mother. At 93 she should be cared for and treated well, but Home Depot is not allowing me to care for her as I want to and as I should.

Edited by Customer (name blocked for privacy) on June 15 2006 at 6:50 PM

 

Optional Information:
Margate/Coral Springs, Florida

Already Tried:
numerous calls to Home Depot in Coral Springs, the corporate office and the place where I selected the countertops

Customer (name blocked for privacy)
Reply
June 15 2006 at 7:00 PM (1 day and 2 hours later)
         
Relist: No answer yet.
I just editted my former supporting details for my question. I really need an answer as soon as possible.   This countertop situation has gone on for over 2 months, I budgeted money for what I was told it would cost and there is no way on a teacher's salary, and privately paying $1000 a month for aides for my mother's care, that I can pay Home Depot any more. I followed their directions. I selected what the man at the granite place told me to select from and I do have a witness that will verify that at no time was I told anything would cost any more. The salesman knew what granite I had paid for and when he showed me what to select from, I assumed he was telling me the truth and not running up a bill that would cost me a $1000.   Please help me. I need my countertops and I do not have the funds to fight a legal battle with Home Depot. I also have my mother to take care of and this 2 months is not making our home the healthiest place it should be. I am despirate.
My friend is also a teacher and between us we have taught between Margate and Coral Springs for over 30 years. We have been involved with Girl Scouts, church youth choirs, have served on the Parent Advisory Forum for the North Area of Schools and I also Chaired the Forum and my friend was a teacher representative to the Forum. We have both served on School Improvement Teams - SAC - and been team leaders and grade chairpersons.   If our reputation is being questioned, we can produce many witnesses who will attest to the fact that we are honest women and would not try to cheat anyone.
Reply
June 15 2006 at 8:37 PM (1 hour and 11 minutes and 55 seconds later)
         
Reply to Ryan's Post: I have an order form for Home Depot listing all the items that were purchased, including the countertops, but it has no signature required.

My order consisted of 2 parts: a kitchen and family room granite countertop with backsplash Group A and a den with a granite countertop Group C.

Raphael Gonzalez, President S.E. Division, was the salesperson who took my friend and I to select the granite. He knew, I assumed, what was Group A and Group C. The Group C for the den was easy because I had already decided on a blue color and it was the more expensive granite, but it was also a much smaller piece.   The group A is the cheapest granite and Raphael took my friend and I past 2 warehouse areas to a 3rd one to look at the granite for the kitchen and family room.   He had the order in front of him and his words were, "you can select this or this," etc. I made my selection from what he told me, I assumed, was in the group I paid for.   At no time was there any mention of anything costing any additional money for the granite selections.
Raphael wrote the order with demensions 3/4 for the den and 1 1/4 for the kitchen, which were different from the metric measurements on my order. No where on the paper I signed and he signed is there a note about which group each granite comes from, the beveled edges I wanted were put on the order form and it was noted that I had my sink which the company would pick up when they did the template so it could be undermounted. There is also NOTHING written at all concerning any price difference. All my friend and I saw were slabs of granite - they were not labeled A, B, or C, so our only frame of reference was that he was showing us the group A I had ordered since he kept showing us what we could select from. There is a CHECKLIST FOR TEMPLATES AND INSTALLATION page that states "Customer acknowledges that the amount paid prior to the field inspection is an estimate. The acutal price will be established only after accurate measurements (templates)". The measurements were over .88 for the Group C granite, but under 7.37 for the group A. I can understand being refunded for the .88 x $51, and I do not mind paying the 7.37 x the group A price of $37, but I am not paying the $1203 that Home Depot says I owe.

There was also a form I initialed for Home Depot that was FINAL PRICING: You initial purchase order is an estimate of the projected price of your countertop project. The final price will be determned after the field template has been completed.   I was told my the salesperson at Home Depot it could be around $100 to $150 more. The amount they want is a 30% increase of the original price, which is ridiculous.

One other section Customer Authorization: The Customer MUST be present at the time of measuring/templating [I took a day off from school] and be responsible for approving all the details of the countertop. 'Your store designer will privide you with a copy of the drawing including all details, such as color, edge profile, etc. The field template supercedes all previous drawings.' I was never given this copy and even when I asked for it, my friend was with me again, I was not given it.

I guess the bottom line is that Raphael showed us what I could select and either by mistake or some error, said I could select the Group B granite,
which I had not paid for.   
I strongly feel that I did my part, I placed my order, paid immediately on my Master Card and then had to sent over 3 hours driving to Lake Worth to select my granite. I did not make a mistake. I did not mislead Home Depot. The problem did not come from me.   I have hurt my back making a trip back to Lake Worth impossible a few weeks ago. I resent having to go through the process again, when I already did it in good faith and was deceived. I feel the extra charges for the Group B granite should be paid for by Home Depot, since they sent me to the Granite Crafters, and Granite Crafters, who make the mistake in the first place.
   I have been treated like I was a thief, trying to cheat the store. One day friend and I were left standing over an hour waiting for "the" manager to come, and then we had to endure his criticism and suggestions that we were liars.

My main premise is that if Raphel told me what to select from, in front of my friend, and that is what I selected, isn't that a verbal agreement in front of a witness binding?
Home Depot does not want to recognize that I have a witness and everytime I bring it up I get told that we are not speaking about witnesses or who said what.   They seem to dismiss facts as hearsay and then make up the rest with me as the villian.

I hope I answered your questions.   I can fax you any papers you would like to see for yourself. I do need to get the countertops done so I can finish the kitchen.   My mother is taking a turn for the worst and I would like her to at least see what I tried to do for her before she goes to be with my father in heaven.

* I signed nothing that said it was more money. No where on the form that the granite company filled out was any mention of price and so I assumed that he had me select from the group A for the kitchen and family room.
** Home Depot had given me 2 options: [1] I go back to Lake Worth - which is a long trip and on weekends I try to spend the time with my mother and since I did it once, I had done my part. {2] I would sign a waiver that the granite people could select another granite for me and I would have to take what they pick.   I mentioned that there should be a 3rd option that they refund my money, but Michelle Lenoy from the Corporate Office said I could not have my money refunded; it was not an option. I also have her phone number if needed.

Ironically the day my friend and I stood for over an hour at the Service Desk waiting to meet with the manager, there were at least 10 rather irate people who were returning items and complaining long and loud until they did. It appears the Home Depot needs a little retraining in the Customer Service Dept. and if they are getting the amount of complaints I saw each day, it is a wonder that they are still in business!
Answer
June 16 2006 at 6:46 AM (10 hours and 8 minutes and 46 seconds later)
         
ACCEPTEDCheck Mark

Hi Customer (name blocked for privacy),

It pains me to even have to write this, but it looks like you are stuck. Your problem comes from two main areas:

  1. Nothing you signed said the granite you selected with Rafeal said it was the cheaper granite.
  2. "Your initial purchase order is an estimate of the projected price of your counter top project. The final price will be determined after the field template has been completed."

#1 If you had signed paperwork AFTER you selected that granite and AFTER the measurements were all done saying it was the price you expected then you would be in great shape. But you didn't, unfortunately.

#2 Companies put this line all over their estimates for situations like yours. Their paperwork doesn't say anything about the estimate being within X amount of dollars, so it was simply and estimate.

Also, strictly speaking, you didn't have a verbal agreement with Rafeal. Whether it was negligence on his part, or him trying to be a tricky salesman and sell you something more expensive, he didn't say "I can give you this granite for the same price as Group A." You wrote yourself, "I assumed."

You went in thinking Rafael was on top of things and had integrity. It turns out it was more like a car deal where he slipped in the extra "clear coat protection" for $1000.

Now, having said that, it doesn't mean you aren't left with some options. Did you sign anything that said there were no refunds? If not, I would bring up that fact.

Finally, threaten to take this to the Better Business Bureau. Threaten both Home Depot and the counter top maker. This is surprisingly effective because if you file a complaint they have to address it with the BBB or they have open complaints for all to see.

I'm sorry I don't have better news for you. I think what you are trying to do for your mom is very noble and you certainly deserve better treatment from Home Depot.

Finally, I hope you can take some solice in the fact that many experts have read your post and know about the poor treatment you have received from Home Depot. We'll certainly keep that in mind the next time we have to choose between Lowe's and them!

Regards,

Ryan




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