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Granite Countertop Proposal Mistake/Fraud/Bait & Switch HELP!??

U

Uppie1414

Golden Member
Hey guys and gals--hope everyone is having a great day today!

So, I've been helping my girlfriend get new countertops (granite, if it works out). So, I've been getting proposals from a couple companies.

Company A came in at $2200 before upgrades, etc (which would have been about $700 max, so $2900 installed).

Company B and C came in around $4500 each. Obviously, we went with company A.

I confirmed the proposal (emailed to me) and picked our color and edging, etc, and asked for a measurement schedule. They resent the proposal and it was at $4,900!

After speaking with different people and talking on the phones with the managers, they confirmed the salesman (who is newer), screwed up the 1st proposal with the software, etc., and they cannot do anything about it. They agreed to lower the price to just under $4k, but it's still very high.

Do I have any right to whistleblow and hold them to the 1st proposal? Thoughts?

Thanks!
Dane
 
Say no thank you if they won't drop the price.
Nothing was installed so nothing was actually sold.

Where do you live? If you are in the Chicago area, I know of a really good granite guy. He installed my HUGE counter for a really reasonable price (under $3K)
 
4k seems cheap considering the quote we got was 12k
went with quartz which is better and cheaper, still gonna cost ~9k installed

but no i dont think you can do anything about it if you havent actually paid them yet and nothing has been installed
 
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It's a dick move holding someone to what's likely an honest mistake. They're doing it $500 cheaper than B, so it's hard to complain.
 
Proposal is an offer.

Unless signed by both parties as accepting the numbers, it is good for blowing your nose.
 
It's just a proposal. It's pretty much understood that it is an estimate and subject to change, there's nothing to "hold them to".
 
Did you leave something out? I don't see where you signed a contract owing them anything. Did you already pay or?

If no to either of those, tell them to blow it up their butts.
 
Just thought I'd ask. I think I'll probably just keep looking.

It was worth a shot...thanks for clearing everything up!

Dane
 
EagleKeeper said:
Proposal is an offer.

Unless signed by both parties as accepting the numbers, it is good for blowing your nose.
Click to expand...

IANAL, but my crash course in business law said that an offer, if accepted, is legally binding. If you can prove you accepted the offer before it was withdrawn, they have to fill it.

The issue is if you can prove you accepted it somehow, and if the offer is specific enough to not allow a re-pricing (ie, "this offer is valid subject to further review etc etc").

For all practical purposes, it's a dick move, so either pay the $4k or go with something cheaper.
 
If the initial price is what he quoted you and that's what you agreed to, that's what he has to do the work for. If he won't, tell him to piss off.

If you don't want to send a lot, you're probably better going with a nice laminate instead. Granite is a PITA to clean.
 
mmntech said:
If the initial price is what he quoted you and that's what you agreed to, that's what he has to do the work for. If he won't, tell him to piss off.

If you don't want to send a lot, you're probably better going with a nice laminate instead. Granite is a PITA to clean.
Click to expand...

I don't find cleaning my granite countertops any harder than laminate.
 
Per the Uniform Commercial Code (UCC) section 2-202, which may or may not apply in your jurisdiction:

"Except as otherwise provided in this section a contract for the sale of goods for the price of $500 or more is not enforceable by way of action or defense unless there is some writing sufficient to indicate that a contract for sale has been made between the parties and signed by the party against whom enforcement is sought or by his authorized agent or broker.[b/] A writing is not insufficient because it omits or incorrectly states a term agreed upon but the contract is not enforceable under this paragraph beyond the quantity of goods shown in such writing."

Note: There is an exception for contracts for goods where payment has been made and accepted - those contracts are enforceable even if the writing requirement is not met.

In sum - if the UCC applies in your jurisdiction you are likely out of luck absent unusual circumstances.
 
silverpig said:
IANAL, but my crash course in business law said that an offer, if accepted, is legally binding. If you can prove you accepted the offer before it was withdrawn, they have to fill it.

The issue is if you can prove you accepted it somehow, and if the offer is specific enough to not allow a re-pricing (ie, "this offer is valid subject to further review etc etc").
Click to expand...

Your understanding of contract law is a bit oversimplified. Offer + acceptance usually means that a contract is formed. Whether that contract is enforceable (legally binding) is another matter.
 
Not completely the same but similar: I recently had a couple of floors refinished and I got quotes from three different companies. None of the three gave me an accurate quote the first time around; they all had some type of mistake. I started working with who I thought was the cheapest contractor, but after the mistakes were discovered in his and the others' quotes they all ended up being within $50 of each other. The contractor I ended up going with gave me a 10% discount because of the error.

I think it'd be an ass move to try to hold them to a quote that had an honest mistake in it. Especially when the mistake cuts the price in half; you know they'd be losing money. They're offering you a discount as a token of good will. I'd take it and be happy, or keep looking.
 
mmntech said:
If the initial price is what he quoted you and that's what you agreed to, that's what he has to do the work for. If he won't, tell him to piss off.

If you don't want to send a lot, you're probably better going with a nice laminate instead. Granite is a PITA to clean.
Click to expand...
How so? You just wipe it off, done. I guess you gotta re-seal it occasionally, but meh.
 
cheezmunky said:
I think it'd be an ass move to try to hold them to a quote that had an honest mistake in it. Especially when the mistake cuts the price in half; you know they'd be losing money. They're offering you a discount as a token of good will. I'd take it and be happy, or keep looking.
Click to expand...
Is this sarcasm or do you genuinely think it was an honest mistake? Talk about being naive.
 
I just purchased granite countertops. Bullnose edges about 74 square feet with a bartop. Was $3500 installed w/ tax included. Just FYI in case you want a comparison price.
 
sounds shady. look elsewhere.
whats the name of company A? maybe they have reviews out there from other folks who got shafted
 
A contractor has a right to cancel a project brought in by a salesmen, so you cannot really hold them to the original proposal.
 
Uppie1414 said:
Hey guys and gals--hope everyone is having a great day today!

So, I've been helping my girlfriend get new countertops (granite, if it works out). So, I've been getting proposals from a couple companies.

Company A came in at $2200 before upgrades, etc (which would have been about $700 max, so $2900 installed).

Company B and C came in around $4500 each. Obviously, we went with company A.

I confirmed the proposal (emailed to me) and picked our color and edging, etc, and asked for a measurement schedule. They resent the proposal and it was at $4,900!

After speaking with different people and talking on the phones with the managers, they confirmed the salesman (who is newer), screwed up the 1st proposal with the software, etc., and they cannot do anything about it. They agreed to lower the price to just under $4k, but it's still very high.

Do I have any right to whistleblow and hold them to the 1st proposal? Thoughts?

Thanks!
Dane
Click to expand...


Find someone else. Where there is smoke, there is fire somewhere. If in presales they are already being shady, just imagine dealing with them after they have your money.

I would move on to another company.
 
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