Happyworld
Junior Member
What is the name of your state (only U.S. law)? Texas
Hello everyone, am I stupid to trust a neighbor and do a good neighbor should do? My neighbor is a realtor, he knows the business and think can beat me up easily in court. I have some concern which bothers me， please just feel free to give me your opinions， all of them are precious for me and I'm deeply appreciated.
The story:
Me and my neighbor have a joint fence. He sent msg in March regarding replace the fence.
Through him, the about 85 ft long, 6 ft tall fence would cost $4500. We paid him $2250 for building it. It's an overcharged price and less feature provided by most fence company(I know I'm being idiot and agreed to it), I was just being a good neighbor with trust.
Unfortunately, the work was not done correctly.
1. 'Bait and switch’ Action. He used a less quality metal post for the joint fence instead of the ones we agreed on and paid for (he only put up the higher quality ones for his own side fences).
2. We doubt these 2-3/8x8' posts were buried 2 feet deep, which means the shallowness will lead the post to a even weak support.
3. He also switched the post position without notice us. The posts originally face his yard and we had the pretty side.
The Pre-made fence panels are board-on-board cider wood, and the post was set 8'ft apart, (compare most fence company put posts 5' or 6'ft apart, 3'ft deep), the installation was not relatively strong already. As the posts are also the most important part of a fence，a thicker gauge and deeply buried post provides the stability and longer life and less labor costs over the life of a fence. After realized the bait and switch action, we tried to communicate with him anyway，his arrogance finally made us decide to suit him.
1. I never have real invoice receipts for the joint fence cost(at that time, he required I pay first before purchasing). What I have is the receipt copy he purchased for his own side fence and a sheet with materials cost (for example: post $20x12, labor fee $1000 ...things like that)So I agreed and paid base on these items and issue check with note "get joint fence done" to my neighbor.Is it the receipt he showed me considered as the agreement?
2. Should I put the contractor's name as co_defendant? The contractor (just 1 person) sounds like a hardworking man (I don't really want to involve innocent person in). He works for my realtor neighbor years and just did what the neighbor told him. I also never sign anything with him, I only give check to my neighbor. Anyway, he never shows up to my house to clean the mess after I confront my neighbor.
3. How do I prove the damage or compensation? It's a not good fence, one of the most part- fence posts are not the one I paid for... everyone knows, it won't last as long as I expect for, but how to persuade the judge with evidence about the damage?
After all it just built less than 1 month can't see any bad damage.
Please, please feel free to give me your opinions. Thank you very much and hope everyone have a good neighbor
Hello everyone, am I stupid to trust a neighbor and do a good neighbor should do? My neighbor is a realtor, he knows the business and think can beat me up easily in court. I have some concern which bothers me， please just feel free to give me your opinions， all of them are precious for me and I'm deeply appreciated.
The story:
Me and my neighbor have a joint fence. He sent msg in March regarding replace the fence.
Through him, the about 85 ft long, 6 ft tall fence would cost $4500. We paid him $2250 for building it. It's an overcharged price and less feature provided by most fence company(I know I'm being idiot and agreed to it), I was just being a good neighbor with trust.
Unfortunately, the work was not done correctly.
1. 'Bait and switch’ Action. He used a less quality metal post for the joint fence instead of the ones we agreed on and paid for (he only put up the higher quality ones for his own side fences).
2. We doubt these 2-3/8x8' posts were buried 2 feet deep, which means the shallowness will lead the post to a even weak support.
3. He also switched the post position without notice us. The posts originally face his yard and we had the pretty side.
The Pre-made fence panels are board-on-board cider wood, and the post was set 8'ft apart, (compare most fence company put posts 5' or 6'ft apart, 3'ft deep), the installation was not relatively strong already. As the posts are also the most important part of a fence，a thicker gauge and deeply buried post provides the stability and longer life and less labor costs over the life of a fence. After realized the bait and switch action, we tried to communicate with him anyway，his arrogance finally made us decide to suit him.
1. I never have real invoice receipts for the joint fence cost(at that time, he required I pay first before purchasing). What I have is the receipt copy he purchased for his own side fence and a sheet with materials cost (for example: post $20x12, labor fee $1000 ...things like that)So I agreed and paid base on these items and issue check with note "get joint fence done" to my neighbor.Is it the receipt he showed me considered as the agreement?
2. Should I put the contractor's name as co_defendant? The contractor (just 1 person) sounds like a hardworking man (I don't really want to involve innocent person in). He works for my realtor neighbor years and just did what the neighbor told him. I also never sign anything with him, I only give check to my neighbor. Anyway, he never shows up to my house to clean the mess after I confront my neighbor.
3. How do I prove the damage or compensation? It's a not good fence, one of the most part- fence posts are not the one I paid for... everyone knows, it won't last as long as I expect for, but how to persuade the judge with evidence about the damage?
After all it just built less than 1 month can't see any bad damage.
Please, please feel free to give me your opinions. Thank you very much and hope everyone have a good neighbor