ComplaintsforDaley Enterprises

• Initial Complaint

  02/22/2023

  Complaint Type:

  Product Issues

  Status:

  Answered

  More info

  There was a new home construction project for the purpose of specially adapted housing for a disabled military veteran. This project was canceled due to the veteran passing away during the construction process. Due to the unforeseen circumstances ***** *****/Daley Enterprises signed a contract on February 7, 2022 agreeing to cancel the original contract and refund me all money paid towards the home totaling $113,265.00. This money was to be refunded back to me once the house finished being built, and they were able to sell it. The house officially sold on December 30, 2022. ***** ***** has not refunded any money. He was sent a demand letter from my attorney on January 31, 2023 and has ignored that letter and any request to refund me. He has breached that canceled contract and has ignored all demands to pay. I am asking for a refund of the money promised back to me. Enclosed is a copy of the cancelation contract and the demand letter that was sent from my attorney.

  Business response

  03/03/2023

  In the attached complaint, the customer states that  a demand letter was sent to the business on January 31, 2023, but there was no response. Please note that my client responded with a god faith effort to resolve the matter in a  letter dated February 24, 2023. I have enclosed as copy of the letter and its attachments for your reference. Currently, we are now waiting to hear from the customer's attorney as to how the customer would like to proceed. Please let me know if there is any other information we can provide you with to assist you on this file, by either calling or emailing me. 

   

  See attached. 

   

  Customer response

  03/03/2023

   I am rejecting this response because:
  ***** was sent the demand letter from my lawyer on January 31, 2023 and was given 14 days to respond. When no response was received, is when I chose to file the complaint. ***** chose not to respond until February 24, 2023, 24 days after the demand letter was sent. 

  ***** is wanting to offer me $88,261.52 which is $25,003.48 less than what was the agreed to refund price stated in the cancellation contract. ***** states they are willing to refund the full $113,265.00 however they are trying to deduct losses incurred by *****. These fees are fees never agreed to or for that matter, were never even mentioned to me. I first was informed of these fees on the letter from *****'s lawyers on Feb 24, 2023. 

  ***** wrote up a cancellation contract, which was plain and simple, agreeing to refund me all money paid to them for the house. I paid a total of $113,265.00. ***** states I am being "unreasonable". How am I being "unreasonable" when all I am asking for is what I agreed to and signed? I never agreed to pay their losses, which I feel are not justified. I am not held responsible for *****'s losses (which he did nothing but profit). Here is a breakdown of the fees he wants me responsible for:

  
  

  -***** states they sold the house for $4500 less than the agreed price. That is incorrect. My original agreed price included roughly $50,000 in change order items that ***** changed after my contract was cancelled. ***** made changes to the house, after I cancelled. Therefore, my original agreed to price, should have been reduced by at least $50,000 for the items never installed on the house. Due to these changes, ***** did not incur any loss on the sale of the house, more so they profited at least $50,000. These items that were never installed on the house were items noticed on the 20 photos of the house when listed for sale online. ***** basically charged me for items that as a result of their changes, were never used on the house. 

  -***** states there was a real estate commissioning fee of $13,800. Commissioning fees are paid by a seller and were to be paid regardless of the scenario. I am not held responsible for any real estate commissioning fees.

  -***** states that $6065.13 in interest charges at $49.31 per day for 123 days and $638.35 in taxes. First off, I have no idea what these are for. However, I am not responsible for the fact of how long ***** took to sell the house. I can't be responsible for them not trying to sell it quicker. For example, no open houses were held for the house, which in fact could have made it sell in faster time. I also can't be responsible when periods of time they had the house off the market for weeks at a time, as they were wanting to update the listing and add more recent photos and maybe video. 

  
  

  The bottom line is. ***** drafted a contract on February 7, 2022 where my original contract was cancelled, and a refund was to be given back to me for ALL money I paid towards the house, and I would receive my refund after the house was sold. This contract from ***** was both signed by me and *****. The house sold on December 30, 2022. I emailed ***** on January 11, 2023 asking for a status on my refund to which ***** did not reply. ***** needs to be held responsible for the contract that they drafted and signed agreeing to refund "ALL money paid". There were no exceptions or stipulations of this cancellation agreement. It was cut and dry, plain and simple. I assumed ***** was signing this in good faith and would follow through with their promise. They are now wanting to deduct from that refund, unreasonable fees that were never agreed to let alone mentioned about. ***** never once mentioned to me anything about deducting any type of "losses" incurred in the process. I can't be held responsible to pay such fees when I was never informed, and never agreed to. What ***** is asking for is unreasonable and unjust. 

  I expect a full and fair refund of $113,265.00, which is what was agreed to in order for this to be reasonably resolved. 

  
  

  Thanks,

  ********* ******* 

  
  

  Business response

  03/20/2023

  I've had an opportunity to review your letter with my client. Many of the items in your letter are disputed. However, it is not necessary to go through each and every item disputed considering the facts of this case and the terms of the cancellation agreement are unambiguous. If your clients wished to deduct the costs in which they are now claiming, they should have provided for that in the Cancellation Agreement. The Cancellation Agreement is very clear that all funds paid by Ms. ******* would be returned upon the sale of the property. As such, Ms. ******* will now look to the remedies and avenues which are available to her, As you are aware, she has already begun the process of submitting to the Better Business Bureau as well as filing a Complaint with the California Contractors State License Board. Additionally, pursuant to the agreement, prior to bringing any court action, our client will demand mediation. 
  

  Customer response

  03/22/2023

   I am rejecting this response because:

  
  

  The attachment I received in this latest email from BBB is an email that was sent from my lawyer to ******* lawyer. This is not a response from Daley Enterprises. 

  
  

  ******* lawyer sent an "offer" to my lawyer that was rejected, as ***** is still not wanting to refund in full as what the contract stated. ***** is wanting to deduct certain fees that are not justified. ***** is trying to do all they can to not pay in full, as they originally promised. They are still breaching the original contract. 

  
  

  My lawyer and I are still waiting for a response from ******* lawyer regarding the letter that is shown on this email attachment. 

  
  

  Thanks,

  
  

  ********* ******* 
  
  
  

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