Ohio Attorney General Dave Yost is suing a storm-chasing contractor accused of ghosting homeowners after accepting payments totaling $158,000 for repairs. “Mother Nature struck their homes, then a shady contractor dealt a second blow to their wallets,” Yost said. “We’re stepping in to get these homeowners their money back.” The lawsuit against Liberty Restoration and its owner, Josh Basinger, alleges violations of the Ohio Consumer Sales Practices Act and the Home Solicitation Sales Act. It was filed in Franklin County Common Pleas Court. According to the lawsuit, the business peddled home-repair services in storm-damaged areas, accepting deposits either directly from customers or through checks from their insurance companies. Consumers complained that Liberty Restoration failed to make the promised repairs or performed shoddy work, then dodged consumers’ subsequent attempts to contact the business. The suit further asserts that the company agreed to issue refunds but never delivered on that promise. The Ohio Attorney General’s Office and the Better Business Bureau have fielded 20 unresolved consumer complaints against Liberty Restoration, with combined damages of $158,000. Yost’s lawsuit seeks restitution for the affected consumers, civil penalties, and an injunction preventing Basinger and his business from continuing to violate the law or doing business until restitution is paid. The Attorney General’s Office advises consumers on how best to protect themselves after severe weather strikes and encourages them to follow these steps to avoid home-repair scams:
- Research the business. Ask for identification from the company representative, noting the person’s name, address and phone number. Be cautious of any contractor who won’t provide this information. Check out the company’s reputation with the Ohio Attorney General’s Office and the Better Business Bureau and ask for references. You can also search for possible previous lawsuits filed by the Attorney General’s Consumer Protection Section.
- Get multiple written estimates. Obtaining at least three written estimates from three distinct contractors could help you weed out bad apples.
- Don’t make large payments in advance. Instead, pay in increments – for example, a third at the beginning of the job, a third after half of the work is completed to your satisfaction, and the final third when the job is completed.
- Get all promises in writing. Insist on a written contract detailing the costs, the work to be done, the starting and end dates, and any verbal promises made by the contractor. The contract should also note whether subcontractors will be used and whether the contractor has or will obtain the necessary licenses and permits. Insist on being provided a copy of every document you sign or initial.
- Understand your cancellation rights. If the contract resulted from a door-to-door sale, you generally have three days to cancel the contract, according to Ohio’s Home Solicitation Sales Act. The seller should give you written notice of these rights.
- Consider paying with a credit card. Paying with a credit card, as opposed to paying in cash or by check, generally gives you greater protection to dispute unauthorized charges.
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