January 21, 2010
Re: D’Best Floorz & More
This store came highly recommended to me by my ex father-in-law, he’s lived in the area since 1970, he’s a retired electrician. My fiancée, and I went to check out their prices on carpet and tile, they had a sale that weekend.
We liked the price, The salesperson explained that he would not be able to order materials until he went to the property to measure the rooms himself, but in order to hold the price we would need to give him a check for half ($1,500.00) he would not deposit the check.
After all was said, the salesperson wrote on top of the contract, “PENDING CLOSING OF HOUSE 11/18/09”. Jose signed the contract. Unfortunately, Jose didn't qualify, there was no closing, and we didn't purchase the home. The check was deposited on, 11/04/09; three days after Jose signed the contract.
On 11/21/09 we went to the store to request a refund, we had all our paperwork in order; proof that the loan was denied, we were told it would take 7-10 work days. On 12/3/09 my fiancée went to the store again in person, this time he met with the Manager, Mr. Tony Romano, again he took copies of our paperwork, Manager filled out a refund form which he signed/approved for full refund, told my fiancée it would take 7-10 work days. I’m an accounting clerk, my fiancée is a storeroom clerk, we are hardworking Americans, and $1,500.00 is a lot of money in today’s economy, we are going on three months plus, trying to collect our money.
Our story was published in the Orlando Sentinel this month by: Greg Dawson. Mr. Romano convinced Mr. Dawson that we lied, simply because early part of December our broker contacted us again to advise us that he had found a mortgage company he believed would approve my fiancée, after countless ups and downs, we closed on the home, on December 18, 2009.
In conclusion, the D’Best contract (estimate) was specifically conditioned on the home closing by November 18th. It was not conditioned on a closing date of December 18th or any other date other than November 18th. The fact that the house closed later is not relevant to the binding terms of the written contract.
I truly appreciate anything you can do for us, I don't know where else to turn. Consumers like this need to be "STOPPED"
Sincerely,
Barbara Cruz
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