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When a contractor steps over the line

By
Real Estate Agent with Compass

To protect the guilty, I will name no names and keep details light.

 But I have to blog about something that happened yesterday.  A contractor I love, use loyally and always highly recommend stepped over the line in doing some repairs for a listing of mine last week. I will admit my role in this play was not perfect, and in hindsight see what I should have done differently.  

Here's what happened:  I hired the contractor to do one job from a list of home inspection items.  I called and emailed this company about the one thing to be done.    Because it was one, simple, item, I did not send the entire report to them. There were other items on the list that I did not hire them to do.  For a reason (but I won't get into that).

They called me the morning of and insisted I bring over the home inspection report to the house to the guy on site.  My plan was to go over mid-way and check on progress.    It was 7:45, the last day of school and I had kids to deal with to get out the door.  But I dropped everything and took the guy the report.  I went over the ONE ITEM they were supposed to fix. This is the one I had called/emailed them about and discussed with the man on site.  I did not discuss the other items at all.  Because it was one item, I had not sent them the report and did not think it was necessary.

Well, the guy fixed the entire list of items.  Without a phone call. Without authorization. I found out when I got the bill.

When I called the scheduler, he said "We are obligated to do everything on a home inspection list."  I said you absolutely are not, you are required to do what I hired you to do.  If you find something else, call me, but you don't do unauthorized work.  He insisted they were right and that none of this would have happened if I had of given them the full report in the beginning.  I insist they are only to do what they are hired to do and the full report was none of their business.   He did shave one hour off of the bill when I reminded him how loyal I've been and how many dozens, if not hundreds of people I've recommended use them, but I am still feeling burned.  And of course, am picking up the tab for my client.

I admit I should have emphasized what NOT to do to the on site contractor, but still think they crossed a line and was not pleased with the way it was handled.   A contractor has no rights or obligation to ever do more than they are hired to do.  Yes they can call and ask/suggest, but that's it.

Thoughts?

Peter den Boer
Atlanta Communities - Woodstock, GA
MBA,GRI, Associate Broker, Realtor

I believe I would be looking for a new contractor. I think he stepped way over a line and was absolutely wrong to do so.

Jun 28, 2011 01:31 AM
Tom Arstingstall, General Contractor, Dry Rot, Water Damage Sacramento, El Dorado County - (916) 765-5366
Dry Rot and Water Damage www.tromlerconstruction.com Mobile - 916-765-5366 - Placerville, CA
General Contractor, Dry Rot and Water Damage

Based on what we have heard, it seems the contractor has no legal rights here. Too bad. Obviously you trusted him in the past, not sure what changed. Personally I would not feel a moral obligation to pay him for the other work.

Hope things work out Coral.

Jun 28, 2011 01:32 AM
Chuck Carstensen
RE/MAX Results - Elk River, MN
Minnesota/Wisconsin Real Estate Expert

It seems a little strange he would do the whole report. Totally agree that he crossed the line.

Jun 28, 2011 01:33 AM
Jeff Pearl
RE/MAX Distinctive / LIC in VA - Lovettsville, VA
Full Service Full Time Realtor

You do not have to pay for the items he fixed without authorization. I would make him put everything back the way it was, in fact I would tell him that I am hiring another contractor to put everything back the way it was and I will be sending him a bill for it. I would also tell him that I am filing a complaint with DPOR if he wants to play that game. Who the hell does he think he is claiming he is obligated to fix everything on the list? That is highly unethical and gives every honest contractor a bad name with the general public. This is borderline illegal extortion. Quit using this company. Why the hell would you have to give them the entire report? That is total BS.

 

Jun 28, 2011 01:43 AM
Coral Gundlach
Compass - Arlington, VA
Real Lives. Not Just Real Estate.

Cindy - I know right? I cannot fathom why they would not call and say "hey, I see more here than we were hired to do, want us to do this as well?"

Carla - Exactly.  That's why I hired them for only one item. We'd worked some other things out.

Peter - Ulgh.  This is what I dread.  I don't want to break up a 7 year relationship over one mistake.  But perhaps should go up the management chain with this story to make sure it will not happen again.

Tom - Yes, I agree.  And I did get them to take part of the bill off, but still, it was the sense of entitlement/obligation they felt to go into a house and do unauthorized work that has me worked up.

Chuck - Thanks.  Perhaps I'll send them this blog?  

Jun 28, 2011 01:44 AM
Coral Gundlach
Compass - Arlington, VA
Real Lives. Not Just Real Estate.

Jeff:  You kind of sound like me on the phone with the guy yesterday!   Well that's certainly one way to go about it.  But because I  know I should have crossed out the items on the report, I don't want to play hardball like that and that would cause a lot more trouble that it is worth.  But I do plan to call the owner and tell him the way this went down.  They can't treat their customers this way again. I admit I could have been clearer with the guy on site by crossing out or specifically saying "don't do anything else" but honestly, I thought when I hired a contractor to do something, that they'd do only that!

Jun 28, 2011 01:51 AM
Teresa Tedder
Carolina Realty of Wilkes Inc - Wilkesboro, NC

He is absolutely wrong!!!  When you do work you are not authorized to do, you better consider it "free work"!!!

Jun 28, 2011 01:52 AM
Coral Gundlach
Compass - Arlington, VA
Real Lives. Not Just Real Estate.

Teresa - Yes!

UPDATE:  I spoke to the owner and he said it was just a misunderstanding, waived even more off the bill, and assured me this would not happen again. He said they don't have an obligation to fix everything and is not sure why this one went off the rails so much.  He did remind me that it was not a huge amount of extra work done (true, it was a relatively small amount).

Jun 28, 2011 02:13 AM
Chris Ann Cleland
Long and Foster Real Estate - Gainesville, VA
Associate Broker, Bristow, VA

This is a rough one, but I think you should stand your ground.  And for starters, it's time to find another contractor.  This is completely unprofessional.

Jun 28, 2011 02:13 AM
Chris Ann Cleland
Long and Foster Real Estate - Gainesville, VA
Associate Broker, Bristow, VA

Featured in the group:  Bartender, Make it a Double.

Jun 28, 2011 02:14 AM
Coral Gundlach
Compass - Arlington, VA
Real Lives. Not Just Real Estate.

Thanks for the feature Chris Ann. That martini really looks good, I should have made one of those last night.  Hoping today is better!

Jun 28, 2011 02:15 AM
Than Maynard
Coldwell Banker Heart of Oklahoma - Purcell, OK
Broker - Licensed to List & Sell - 405-990-8862

Contractor was wrong. If the roof had been leaking and you hired them to fix the roof, where does it say they should fix the ceiling too?

The contractor is not party to the contract and has NO IDEA what is or is not a requirede repair. Heck, the contractor doesn't even know if it is a loan or cash sale...as we all know on a cash sale NO repairs are required to be done.

Jun 28, 2011 03:09 AM
Coral Gundlach
Compass - Arlington, VA
Real Lives. Not Just Real Estate.

Than, I agree.  I reiterated that fact with the owner and he agreed.  I think things just got a little out of control and it won't happen again.   

Jun 28, 2011 03:11 AM
Tamara Inzunza
Realty One Group Capital - Alexandria, VA
Close-In Alexandria and Arlington Living

Coral, I'm completely shocked that your contractor would do this.  I agree with comment #9, he should consider it FREE work. That would really hit a nerve with me.  I hope you're able to get it resolved smoothly.

Jun 28, 2011 10:51 AM
Retired Notworking
Tallahassee, FL

This is a no-brainer. The contractor should have done the work you asked him to do and checked with you to see if you wanted the remaining items done as well.

Jun 29, 2011 03:54 AM
Larry & Jacque Ficek
Alaska Dream Makers - Wasilla, AK
Realtors - Wasilla Alaska

Wow Coral, in reading through the comments also, I am glad the owner stepped up a bit but dang. Even if it was a relatively small amount of work it still was not theirs to do.

If the owner values your business (actual as well as all the business lost by word of mouth 'non' advertising if they do not do the right thing) I would go elsewhere for this type of repair work. If the owner does stand up and make it right with you, then agree up front to never use that particular person on any of your jobs. Of course the scheduler also needs to be schooled too though...

Jacque & Larry

Jun 29, 2011 05:30 AM
The Scott Loper Team Bux-Mont Premier Properties
Keller Williams Real Estate - Montgomeryville - Lansdale, PA

Hi Coral,

I don't think you or your seller should have to pay for all the work that was done - just the time and materials for the work you requested.  They were not asked or authorized to do the other work.  I would hold firm on this if they want to continue to receive referrals from you.

Lisa

Jun 29, 2011 06:28 AM
Coral Gundlach
Compass - Arlington, VA
Real Lives. Not Just Real Estate.

Colleen - I think so too, but mistakes do happen I suppose.

Larry and Jacque - I know, it was small and we are all lucky for that.  It's the principle of it that has me concerned.

Lisa - We won't.  I am picking up the whole bill just to make my seller happy, but they did take off essentially all of the unauthorized work.

Jun 29, 2011 12:44 PM
Coral Gundlach
Compass - Arlington, VA
Real Lives. Not Just Real Estate.

Tamara - just noticed I missed your comment!  Thanks, me too.  I think we have a fair resolution, but it still scares me that it happened.

Jun 29, 2011 01:44 PM
Cara Marcelle Mancuso
Golden Girls with SW Desert Homes - Tucson, AZ
Call a Marana neighbor, I'm THERE!

An excellent example of how easy it is to have a miscommunication.  You show great integrity in paying the bill regardless of the situation, and I'm glad to hear they ended up making concessions on their part as well.  In a long-term professional relationship, both sides giving is the best way to keep the relationship going into the future.

Jul 01, 2011 06:34 PM