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Question DetailsAsked on 4/9/2016

Help! I paid a deposit for repairs and have hit a wall!

I signed a contract on 02-21 with someone that led me to believe that he was licensed, etc. He was paid a deposit and cashed that check the next day. On 04-11 it will be the 50 day mark since the contract was signed and the deposit was paid. I continue to call him and am told next week or 2-3 weeks. I have since found out that he is a felon and cannot be bonded, no license can be found for him, etc. I am in NC and don't know what to do. I usually do all of my home repairs with my father but the roof was not something simple and cosmetic. I keep looking at his company Facebook page where he is posting pics from job sites. I can find no record of any permits that he has taken out and permits are required here. People have now warned me about him but have asked that I never mention their names. HELP! I need this money back and I don't want him to do the work now. He is not bonded, licensed or insured. The contract has no completion date. What are my options? What are my rights?

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1 Answer


Here is a response I just did for another person on the issue of no completion date and of a contract signed long ago but no work started -

Of course check state website first on the licensing and such - he may actually be licensed despite what other people say. Check the facebook page too for licensing/bonding/insurance info - might give you a chance at recovery from them. You could also talk to the local building department permit office about whether he is flying under the radar or not - though if you alert them to him they may shut him down, which would harm your cash recovery chances because his cash source would be cut off.

Unfortunately, from this link (if valid) - it looks like if the roofing job is less than $30,000 he is not required to have a state license. Maybe your locality requires he have one anyway -

I would start of calling or emailing him and saying you want to cancel the contract and get your money back - and if he fails to do so then it is your call (based on what you know of him) on whether you mention that you have found out he is not licensed as required and stated and he has not started the work so if you don't get the refund you will have to take further action.

Bear in mind he may argue he could not start the work till winter weather was over, and is planning on getting to your job soon but the storms that have been coming through every week or so has prevented that so far.

Not being bonded or insured would eliminate those as a means of recovery of your deposit. North Carolina does have a contra tor fraud recovery fund - but appears to be for general contractors only, and if he does not have to be licensed for under $30,00 job ... - link to info here -

Lacking a refund, your next step could be a certificed return receipt letter terminating the contract for lack of performance and demanding a refund within 7 or 10 days or whatever your state legal notification period is.

After that, you choices are going with an attorney to put more pressure on him, or talking to the local city/county prosecutors office about whether they know about him and have had fraud complaints about him.

Of course, if you fear possible retribution your options are more limited - as if the filing of an AL Review on him to warn other people, because contractors see who does reviews on AL.

Depending on whether you file a fraud complaint against him or not, your last resort might be to file a claim on any fraud protection provision in your homeowner's insurance policy - and if no recovery there, at leat the loss may be partly deductible on your income taxes if large enough amount. Small consolation though that would be.

Answered 4 years ago by LCD

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