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Problem with landscaper

642 48 October 3, 2012 at 02:06 PM
Hi everyone,
I have been a long-time user of this forum and am very impressed with the cumulative knowledge presented here. I am presenting my situation here in hope that the fellow SDers may have a solution or advise for me. I am not sure if this is the right forum so please move it to the appropriate one if you see fit

I bought a house and wanted to do some small landscaping improvement. I asked around and somebody gave me a name and phone number of a guy who contracts landscaping in the area. I called the guy up and he came and gave me an estimate of $3,500 for the landscaping. It includes redoing the existing 3 planters and put shields between the planters and the house, plant 3 full-size King palms in 2 different areas with flower beds under the trees, plant 7 Queen palms and flower beds, run irrigation system with automatic controller throughout the yards, create a 5' wide walk-way of stamped concrete for bringing the trash in and out of the yard, and finally fill the yard with mulch. He also indicated that he would take care of all the little extra things to make sure that it look great to my satisfaction. He will provide everything including trees, flowers, mulch, concrete, hauling dirt in and out, all inclusive. He told me he will complete in 3 days. He said that he is just glad he has a job in this economy. He sounds nice and the deal appears to be good so I accepted it. He said that it is a small job and I really don't need to create a formal contract. He asked for $1,000 deposit and I gave it to him.
The next day, he already had the yard dug up multiple holes "in preparation for tree planting" and laid down irrigation pipes. At this point, he asked for $500 more to buy the trees. I gave it to him. He stated that the yard is so large that I needed to fill-in with fruit trees to make it nicer but it was not in the agreement so I had to pay for them. I went ahead and bought 14 small fruit trees and gave it to him and he planted the same day. At this point, he stated that he needed $700 more to buy the mulch and pay for the concrete and he would finish the job the next day. Impressed with everything so far, I gave him $700 as he asked.

Over the next few days, he no showed. I called him on several occasions and he states that he will get it done the next day but again, no showed. This continues over the next several weeks of no-show. I have contacted him many times over the phone and messages. He started not answering the phone and occasionally when I do get him, he always apologized and states that it will be done that same weekend. Well, it has been 6 weeks and by now I realize that he will never come.

To summarize: I paid a guy who I only know his first name and phone number so far $2,200 and he only laid down water pipes and planted some trees that I bought, then now stopped coming. I know, I should have known better and got a written contract but I really thought that it was a small job and the guy was so happy just to have a job in this economy. Anyhow, I am at this point so furious at the guy lying so blatantly knowing that he is not coming, leaving me dragged on forever while my yard is all dug up and ugly. I have decided to hire another contractor this coming weekend to finish the job. I, however, wanted to know from my fellow SDers if there are anything I could do to get the guy to pay back. Or at least track him down and warns others about this guy. Your help is well appreciated. Sorry for the long post but I wanted to present all the details.

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jj.12321
10-05-2012 at 09:26 AM.
10-05-2012 at 09:26 AM.
Quote from obman :
Hi everyone,
I have been a long-time user of this forum and am very impressed with the cumulative knowledge presented here. I am presenting my situation here in hope that the fellow SDers may have a solution or advise for me. I am not sure if this is the right forum so please move it to the appropriate one if you see fit
.
Sorry you got screwed over.. but I'm afraid there's nothing you can do about it.
Even if you had a formal contract, the law is not going to help you.
You win in court? Big deal, the law won't help you collect your money back.
Even if you apply a lein to his house or whatever, there's ways to weasel out of it.
My brother is a contractor, he has deadbeat customers often.. That's why he insists on a deposit to cover the materials before doing any job.. He loses some business from people that don't trust him with a deposit (due to asshats like your guy).

It's sad.. this society, there's no trust anymore.. too many people have the scammer attitude or fear getting burned.

But back to advice.. you're screwed.. Sorry to say that, but it looks like all you'll get is the fruit trees and pipe he laid.. I would keep calling him though. There's a small chance he got a more profitable job and may come back and finish after that's done..
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AngryPirate
10-05-2012 at 09:57 AM.
10-05-2012 at 09:57 AM.
I like how OP speaks a in nearly undecipherable manner and then gets upset with us when we misunderstood something.
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Original Poster
obman
10-05-2012 at 03:38 PM.
10-05-2012 at 03:38 PM.
Quote from jj.12321 :
Sorry you got screwed over.. but I'm afraid there's nothing you can do about it.
Even if you had a formal contract, the law is not going to help you.
You win in court? Big deal, the law won't help you collect your money back.
Even if you apply a lein to his house or whatever, there's ways to weasel out of it.
My brother is a contractor, he has deadbeat customers often.. That's why he insists on a deposit to cover the materials before doing any job.. He loses some business from people that don't trust him with a deposit (due to asshats like your guy).

It's sad.. this society, there's no trust anymore.. too many people have the scammer attitude or fear getting burned.

But back to advice.. you're screwed.. Sorry to say that, but it looks like all you'll get is the fruit trees and pipe he laid.. I would keep calling him though. There's a small chance he got a more profitable job and may come back and finish after that's done..
thank you all for your input. I looked up on the internet and there are just too many "Ruben" doing landscaping in orange county ca. No one else knew his last name. Lesson learned. I don't necessarily look to recup the money but wanted to prevent him to continue doing this to others. As far as proof, I do have a few text messages of me mentioning the $2200 paid and him promising to do the work.
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jj.12321
10-05-2012 at 03:52 PM.
10-05-2012 at 03:52 PM.
Quote from obman :
thank you all for your input. I looked up on the internet and there are just too many "Ruben" doing landscaping in orange county ca. No one else knew his last name. Lesson learned. I don't necessarily look to recup the money but wanted to prevent him to continue doing this to others. As far as proof, I do have a few text messages of me mentioning the $2200 paid and him promising to do the work.
There's a huge problem with the system though.
Even if you have ironclad proof, the law isn't going to do squat to help you collect.
My brother the contractor had written contracts, photos, etc .. He'd win the case against deadbeat customers.. Then after a period of time, he'd file a lien against their house.. People can still get out of a lein.. Eventually, he stopped trying .. he just started getting larger deposits.

So even if this landscaper had something you could put a lein on.. the odds of you ever getting your money back is zero if he is dishonest and refuses to pay. The judge ruling in your favor means absolutely nothing. People don't realize that. Unfortunately, no debtor's prisions anymore laugh out loud

I am really sorry you got screwed over though.. that sucks for sure. I hope you can get the work finished.. Keep harassing him with phone calls.. The fact that he dumped a load of dirt is encouraging.. maybe he will get it done eventually.

I hired a bricklayer once that took 9 months to do a job that should've only taken a week.. Aggravating and inconvienent as hell, but at least it got done eventually..
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obman
10-05-2012 at 06:40 PM.
10-05-2012 at 06:40 PM.
Quote from jj.12321 :
There's a huge problem with the system though.
Even if you have ironclad proof, the law isn't going to do squat to help you collect.
My brother the contractor had written contracts, photos, etc .. He'd win the case against deadbeat customers.. Then after a period of time, he'd file a lien against their house.. People can still get out of a lein.. Eventually, he stopped trying .. he just started getting larger deposits.

So even if this landscaper had something you could put a lein on.. the odds of you ever getting your money back is zero if he is dishonest and refuses to pay. The judge ruling in your favor means absolutely nothing. People don't realize that. Unfortunately, no debtor's prisions anymore laugh out loud

I am really sorry you got screwed over though.. that sucks for sure. I hope you can get the work finished.. Keep harassing him with phone calls.. The fact that he dumped a load of dirt is encouraging.. maybe he will get it done eventually.

I hired a bricklayer once that took 9 months to do a job that should've only taken a week.. Aggravating and inconvienent as hell, but at least it got done eventually..
I am not looking to get money back. I just want to make sure his business goes to hell. How do I get the IRS and whatever the department is in unlawful hiring of employees to look at this guy, the legal way. I am sure he never pay taxes on these "jobs". I wanted to post his picture on the net so people would know about him. Is it legal? If so, I will hunt him down and take a picture of his face. I probably can't do a thing when I met him but I am sure mad as hell. The dirt has been there for 2 days and nothing happened. Now it irritate the people even more as it is blocking the walk ways!
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Piccaboo
10-05-2012 at 08:08 PM.
10-05-2012 at 08:08 PM.
Quote from obman :
I am not looking to get money back. I just want to make sure his business goes to hell. How do I get the IRS and whatever the department is in unlawful hiring of employees to look at this guy, the legal way. I am sure he never pay taxes on these "jobs". I wanted to post his picture on the net so people would know about him. Is it legal? If so, I will hunt him down and take a picture of his face. I probably can't do a thing when I met him but I am sure mad as hell. The dirt has been there for 2 days and nothing happened. Now it irritate the people even more as it is blocking the walk ways!


Find someone to hunt Ruben down, get his picture, make up flyers, staple them to every pole in Orange County, after putting some type of wording on them, as to he is a Dead Beat Landscaper - Do not use this person - might that do the trick Wink

Oh wait....you can't find Ruben to get his picture, nevah mind shake head
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obman
10-05-2012 at 08:12 PM.
10-05-2012 at 08:12 PM.
Quote from Piccaboo :
Find someone to hunt Ruben down, get his picture, make up flyers, staple them to every pole in Orange County, after putting some type of wording on them, as to he is a Dead Beat Landscaper - Do not use this person - might that do the trick Wink

Oh wait....you can't find Ruben to get his picture, nevah mind shake head
Good Idea nevertheless. Orange County is a very large county though nod
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daniel32
10-05-2012 at 08:53 PM.
10-05-2012 at 08:53 PM.
Quote from obman :
Good Idea nevertheless. Orange County is a very large county though nod
is this the dude?

http://www.linkedin.com/in/rubenv...unanursery.

name is ruben, runs a landscaping business.

[i highly doubt he is on linkedin]
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MTwallet
10-05-2012 at 09:31 PM.
10-05-2012 at 09:31 PM.
sorry if posted already, too lazy to read whole thread - " I asked around and somebody gave me a name and phone number of a guy who contracts landscaping in the area." - assume you've spoken to the person who gave you this guys contact info = what do they have to say about it now? hard to believe you can't find this guy
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obman
10-06-2012 at 12:22 AM.
10-06-2012 at 12:22 AM.
Quote from MTwallet :
sorry if posted already, too lazy to read whole thread - " I asked around and somebody gave me a name and phone number of a guy who contracts landscaping in the area." - assume you've spoken to the person who gave you this guys contact info = what do they have to say about it now? hard to believe you can't find this guy
she is the lady who lost $800. She didn't know at the time she gave me his number. Similar tactics, the first day is very good, earning trust, get more money then disappear. Her dupe was just slightly before mine. When he no showed with me, I checked with her and she was in the same boat

when it is all settled, I will put his number here and hopefully each of us give him a call to remind him to do business honestly. I can't do it now because that is the only way I can reach out to him and don't want him to change the number yet.
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obman
10-06-2012 at 12:32 AM.
10-06-2012 at 12:32 AM.
Quote from daniel32 :
is this the dude?

http://www.linkedin.com/in/rubenv...unanursery.

name is ruben, runs a landscaping business.

[i highly doubt he is on linkedin]
thank you for looking into it. No, he is not that good looking. Kinda fat rather. I don't know if he is sophisticated enough to advertise online but he does seem to have a few guys working for him. I will spend the weekend running around looking for the guy. Just don't know what to do once I find him besides asking him to either payback (impossible) or finish the job. I can't exactly be physical though, damn the law. I wish justice is served like in other countries. One thing is we can take turn curse him by phone once this is over
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MTwallet
10-06-2012 at 10:03 AM.
10-06-2012 at 10:03 AM.
Quote from obman :
she is the lady who lost $800. She didn't know at the time she gave me his number. Similar tactics, the first day is very good, earning trust, get more money then disappear. Her dupe was just slightly before mine. When he no showed with me, I checked with her and she was in the same boat

when it is all settled, I will put his number here and hopefully each of us give him a call to remind him to do business honestly. I can't do it now because that is the only way I can reach out to him and don't want him to change the number yet.
so she recommended him when he didnt even finish her job yet. poor reference eh... and where did she get his contact info
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daniel32
10-06-2012 at 10:08 AM.
10-06-2012 at 10:08 AM.
Quote from MTwallet :
so she recommended him when he didnt even finish her job yet. poor reference eh... and where did she get his contact info

she is probably in bed with him. Claims that she has a landscaper, but then when the other person is scammed, she then also says she got scammed as well.
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Ryu-bom
10-06-2012 at 10:37 AM.
10-06-2012 at 10:37 AM.
I suggest you call him back with another offer to finish the job at whatever "price $$$$" it takes, pretty sure such a person like that will show up, and when he shows up, that convenient hole that he first dug up for you could be his grave...

Nobody will miss him, I swear...

just make sure you get a shovel ready...

Sometimes you just have to take the law into your own hand.

is the guy hispanic? that just may help you chances that he is illegal and probably no one will ever notice him missing..

Smilie

P.S. not to be taken as legal or proper advice
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MTwallet
10-06-2012 at 11:08 AM.
10-06-2012 at 11:08 AM.
or just have someone you know call him and leave a message saying the same, was given as a reference for a new job and need a quote, in hopes he thinks has a new client he can take advantage of
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