Complaints

• Initial Complaint

  07/26/2024

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  I received a roofing repair for 30 second roofing quote back in august of 2023. Company tried to charge me for work that was not under contract and tried to resolve this issue with them but they will not provide any information on the work. I sent them a check that was sent by certified mail that stated paid in full for roofing repair in the check memo line which they signed and cashed in October of 2023. They are now a year later trying to use predatory tactic by sending me to collection even though they have no claims to this money or the right to put me in collection. when asked to provide information on this they refused to provide any proof or back validifying their claims. ******************* the owner claimed they didnt need to provide any information about but i needed to pay it.

  

  Business response

  07/29/2024

  ********************,

   

  We spoke about this issue last Thursday. We did provide you a breakdown of the wood that was charged and how we charge for it. You were made aware of the additional wood needed to complete the repairs during the actual instal. We invoiced you several times for this additional amount. It is also stated in the contract that you signed, that you are responsible for that payment, not your insurance carrier. After our discussion on Thursday, you agreed to a discounted price I gave you. You agreed to pay your balance and I would send you your warranty and remove anything filed against you due to this. It is Monday and you still have not paid your balance, yet filed a complaint in hopes to receive a different response. Sir, we have thousands of clients and have operated for years. We do not need to wrongfully charge anyone. We have already discussed a resolution that you have verbally agreed with me over the phone. In addition, I requested you reach out to me with any more concerns and even gave you a direct line of contact for me. Our agreement still stands and again, if you have anything you need to add, please reach out to me. Thank you.

  Customer response

  07/29/2024

  It is essential to note that, under contract law, the acceptance and negotiation of a check marked "Paid in Full" constitute an accord and satisfaction, which legally binds both parties to the terms of settlement. This principle is supported by various legal precedents and statutes, including the Uniform Commercial Code (UCC) and Georgia state law.
  
  *Legal Basis:*
  1. *Uniform Commercial Code (UCC) ******: Accord and Satisfaction by Use of Instrument - This provision outlines that if a person against whom a claim is asserted proves that (i) that person in good faith tendered an instrument to the claimant as full satisfaction of the claim, (ii) the amount of the claim was unliquidated or subject to a bona fide dispute, and (iii) the claimant obtained payment of the instrument, the claim is discharged.
  
  2. *Georgia Code 11-******: Georgia has adopted the relevant provisions of the **** Under Georgia Code 11-*****, an instrument tendered in good faith as full satisfaction of a disputed or unliquidated claim discharges the obligation if the claimant cashes or deposits the instrument.
  
  3. *Case Law: Courts have consistently upheld this interpretation, reinforcing that cashing or depositing a check marked as "Paid in Full" demonstrates acceptance of the terms and results in a binding settlement agreement. For example, in the case of ***************************************** v. ******** Iron & ***************** 66 N.Y.2d 321 (1985), the New York Court of Appeals ruled that cashing such a check amounted to an acceptance of the terms outlined on the instrument.
  
  In light of the above statutes and case law, the cashing of the check indicates your acceptance of this payment as full and final settlement of the outstanding amount. Accordingly, no further claims or demands related to this matter will be acknowledged.
  
  Furthermore, I request that any negative information related to this settled account be immediately removed from my credit report. Reporting this account as unpaid or delinquent after it has been settled as "Paid in Full" constitutes fraudulent and defamatory action. Continuing to report this settled debt negatively affects my creditworthiness and is not in accordance with the Fair Credit Reporting Act (FCRA).
  
  Additionally, I have contacted and filed a complaint with both the ************************************ (****) and the Georgia Attorney General's ***************************** The **** is a federal agency responsible for protecting consumers in the financial sector by enforcing federal consumer financial laws and ensuring that consumers are treated fairly by banks, lenders, and other financial institutions. The Georgia Attorney General's **************************** is tasked with protecting Georgia consumers and enforcing the state's consumer protection laws, including addressing issues related to unfair and deceptive practices by businesses.

  

  Business response

  07/31/2024

  Mr. ********, 
  
  First, the payment you made was for only one of multiple invoices due for work on your house. Second, under Georgia law, marking a check for less than the total amount owed with "paid in full", does not automatically release the debt or constitute an accord and satisfaction. Instead, such a payment must be made in good faith and pursuant to an independent agreement between the creditor and debtor that such payment shall satisfy the debt. See OCGA 13-4-103; ******* v. ************** 306 Ga. App. 398, 401 (2010) (The mere acceptance of a check for a less sum than the amount of the debt with notice that it is in full satisfaction of the debt, will not amount to an accord and satisfaction unless there existed previously to the tender a bona fide dispute by the debtor as to the correctness of the amount of the debt.). There was no such independent agreement between you and our company. Your comment above cites the Uniform Commercial Code (which applies to the sale of goods, not services) and a New York case, neither of which apply here.
  
  Although you owe the entire balance due, we have offered you a significant discount to resolve this issue. You verbally accepted that offer, but you now refuse to make the necessary payment. Nothing about our seeking payment for the work we performed on your house constitutes a fraudulent or defamatory action. Your comments above, however, include multiple untrue and actionable statements. To the extent that you wish to resolve this dispute in good faith, please contact me directly and we will schedule a time to speak.

• Initial Complaint

  05/20/2024

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  In June of 2023 this company replaced our roof of 15 years. My husband noticed that when it rain water is leaking in the owner bathroom by the tub.I have called the company to complain and when the receptionist answered the phone she acted like she could not hear me and hangs up the phone. She did that on several occasions. Then I emailed them the problem only to get NO REPLY.I made another attempt today, only this time the receptionist did not hang up immediately. But she did say that there would be a charged if anyone was sent to inspect the roof. I told her that the roof was less than a year old, and thats when she hang up. That is what made me file this complaint today about the above listed company.Thank you

  

  Business response

  05/28/2024

  I have spoken with our team and it seems the call that was dropping came from our answering service. I apologize for the inconvenience you have received. I know our Production Manger has already reached out to you and have scheduled the repairs to take place. Please reach out to me directly if your concerns have still not been addressed. 

• Initial Complaint

  05/25/2023

  Complaint Type:

  Order Issues

  Status:

  Answered

  More info

  I was contacted by *******************, Brand Leader, on April 17, 2022, regarding my roof that was damage during a hail storm. After which it's my understanding that he contacted my insurance to file a claim, and spoke to my insurance adjuster. My adjuster told me she would contact **************. In the meantime, ************** contacted again and asked me did I have five minutes to sign papers and he pick up the check. I refused, because he had not performed any work at all, and my insurance sent me a check for my roof repair with the understanding I can chose who I want to perform the roof work.On May 24, 2023, ************** texted my cell stating I signed a contract with his company that says there's a " surcharge of $3,000 if with our services you get approved and decide not to go with us.."I never signed a contract, and ************* has threaten me with text messages that his company will put a construction lien on my home....I don't feel safe and feel harass by his actions that have caused me to loose sleep and contacted my doctor due to elevated blood pressure.I believe he is bullying because I am a senior citizen !

  

  Business response

  06/06/2023

  I have attached a copy of the contract between 30 Second Roof quote and *************************. In our contract there is a cancelation window, in the third paragraph, where the customer will not be charged. ****************, agreed to hire us to represent her in her claim and assist her in the process of receiving funds for a new roof replacement, due to weather damage. Although we did not install the roof, she did agree to our contract to hire us to do the work. There is collateral damage that we incur as a business during the insurance approval process. Our service requires our team to schedule a meeting with the adjuster, send photos, documents and/or any pertinent information necessary for approval of the claim. It states in the third paragraph, that collateral damage will be collected if the customer decides to cancel after our company has met with the insurance adjuster. The charge amount for that is $3,000. It specifically states in our contract that we will work for the insurance proceeds given and our total roof amount will be the amount approved by her insurance company. **************** had the opportunity to cancel with us, prior to her insurance claim adjuster appointment. She choose to proceed with the appointment and hire us to represent her as well as complete the work if the roof claim is approved, by signing our contract. If she were under the impression that she did not need to work with us specifically, there was no need for her to sign our contract and agree to allow us to complete the work. She easily could have just filed the claim on her own, dealt with the insurance adjuster and anything they may have requested or needed and then call us if she decided she wanted to use us. Instead, she agreed to use our company and assist her in the process and once we helped her get her roof approved, she then decided she wanted to cancel with us and shop around for other contractors. This would have not been an issue if she decided to do that from the beginning and not agree to have us work with her through the claims process. In order to resolve this matter, she will just need to continue with her agreement with us, to install her roof. Our company is just following the guidelines of our contract, in which she is trying to break. 

  Our company Field Representative ****, with no harsh intention, never mean't to make her feel the way she does. He was only trying to follow up with his client, which is a part of his duties. By inquiring about the funds she may have received was the next step to scheduling her for her roof replacement. We have installed thousands of roofs through the years and we certainly do not pray on the elderly. This is our process and we treat everyone equally. 

  
  

  Customer response

  06/09/2023

   
  Complaint: 20105485
  
  I am rejecting this response because, I wasn't advised that this was indeed a contract by *************  He just told me he needed my signature for to inspect the roof only!!  And he stated he needed my insurance company name in order to do do.  I was totally mislead and if you would check the back of their document it doesn't show to be a contract that I signed.

  The roof installation on my home has been completed by another company, who explained the whole process to me to ensure my understanding.
  

   

  
  
  Sincerely,
  
  *************************

  

  Business response

  06/23/2023

  I already attached a copy of the contract in my previous explanation, went over the clients options and how she could have cancelled with us during the window timeframe allowed. This client agreed for us to inspect the roof, represent her on her claim and complete the roof once approved by her insurance company. It does not state anywhere on the contract that this is simply an agreement to inspect a roof. On the front page of the contract, it even lists the install process. **************** was approved for a new roof by her insurance company and simply decided once she was approved that she no longer wanted to proceed with doing business with us because she most likely found another contractor that was willing to do the job for less than what was approved on her insurance scope. At any given time, she could have contacted our office if she wasn't pleased with the service of our salesman or if she had changed her mind. She never reached out to us to resolve this in house, which we definitely would have been open to listening to her concerns and addressing them ourself, rather than resulting to the BBB. If she was confused or mislead, this is something we don't take lightly and would have addressed the issue immediately. Our office still has not heard from her. I would like to personally address the issue and move forward. If she can call me directly, I will provide a number for her to reach me at. Thank you. 

• Initial Complaint

  05/25/2023

  Complaint Type:

  Order Issues

  Status:

  Answered

  More info

  After a storm in my grandmother's area, this company came out, to her understanding, to give an estimate for work. Instead of giving a quote as requested, he had my grandmother, and some of her neighbors, unknowingly, sign a contract for work which wasn't yet authorized. To the impression of my grandmother, and her neighbors, the piece of paper that they signed was to receive an estimate for repair to the damages caused by the hail storm. She wasn't not shown, or made aware that there was a c contract on the back of the paper in small font which stated that she was authorizing the company to do work and to also get permits for work on her behalf. Again, she only wanted to get a quote so that she could compare rates with other contractors, who simply provided a quote as requested at not additional cost.At this time my grandmother has authorized me to speak on her behalf, so I called the contractor, ****, to let him know that we no longer wanted to move forward with the company because the contract was signed under false pretenses, the companies methods seem predatory towards seniors, and we found a more honest contractor. He, very rudely, stated that there were no predatory methods used, even though my grandmother and her neighbors, who are mostly seniors also, stated that they were not under the impression that they were signing a contract but simply getting a quote. They have also stated that they felt harassed by the company because they continuously reached out to them asking if they had received the check from the insurance company, and if not, to contact them when it was received. Once I told **** that we didn't want to move forward, he stated that the contract states that there is a $3k surcharge for clients that choose to move on with other companies because of they (30 sec roof) has already put in the work. However, no work has been done on the house, neither has a quote EVER been given. He just insists that the insurance company will give more money.

  

  Business response

  06/06/2023

  I have attached a copy of the contract between 30 Second Roof quote and *******************************. This is the woman that the complaint is referring to. In our contract there is a cancelation window, in the third paragraph, where the customer will not be charged. ************************, agreed to hire us to represent her in her claim and assist her in the process of receiving funds for a new roof replacement, due to weather damage. Although we did not install the roof, she did agree to our contract to hire us to do the work. There is collateral damage that we incur as a business during the insurance approval process. Our service requires our team to schedule a meeting with the adjuster, send photos, documents and/or any pertinent information necessary for approval of the claim. It states in the third paragraph, that collateral damage will be collected if the customer decides to cancel after our company has met with the insurance adjuster. The fine for that is $3,000. It specifically states in our contract that we will work for the insurance proceeds given and our total roof amount will be the amount approved by her insurance company. ************************ had the opportunity to cancel with us, prior to her insurance claim adjuster appointment. She choose to proceed with the appointment and hire us to represent her as well as complete the work if the roof claim is approved, by signing our contract. In order to resolve this matter, she will just need to continue with her agreement with us, to install her roof. Our company is just following the guidelines of our contract, in which she is trying to break. 

  Customer response

  06/06/2023

   
  Complaint: 20104611
  
  I am rejecting this response because:

  The contractor did not meet with the adjuster at the time of the appointment and no communication or photos have been sent over to her insurance provider. And, as I also previously stated, *******************************, was not made aware that the contract was for a promise to receive work but rather to receive a numerical quote which she never received, nor has any work been done.
  
  Sincerely,
  
  Essence **********

  

  Business response

  06/25/2023

  Our salesmen are trained professionals. They sit down with the clients and go over the process with them to ensure they understand the steps that will be taken throughout their journey in receiving a new roof. If there was any confusion or if she was displeased with her service or level of communication, she could have contacted the office to address these issues. I would like to give her an opportunity to discuss this with us directly. This matter could have been resolved and can be resolved without a third party company, had she communicated directly with the office. Our contact number is provided on the contract. She can call and request to speak to me with a good contact number for me to reach her back. Thank you. 

*Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business. ↩