Consumer Protection Laws and Contractors

[Jordan L.]

Hi everyone,

I’m looking to see what I can do to resolve a situation I’m in with a service provider I hired to do some work at one of my rental properties.

I hired a chimney sweep company to clear a blocked gas furnace vent and replace a faulty vent cap on the roof at one of my single family rentals. I neede this work done so a new furnace could be installed, as the old one malfunctioned earlier this week, leaving me with an occupied property that had no heat.

The chimney sweep company came out yesterday and gave me an estimate to get the work done on the spot— $751. Very steep, but I was in a pinch and needed the repair made so I could get the furnace in for my tenants today.

I paid the full balance over the phone yesterday with my credit card.

I got a call from my HVAC tech today stating none of the work had been performed. My tenants texted me verifying that nobody went on the roof of the property yesterday. The HVAC tech was able to take apart the vent pipes in the attic, but was unable to go on the roof and check the top portion of the pipe or change the vent cap. He sent me a photo of the very, very clogged pipe from the attic.

I called the chimney sweep company (whose incoming calls are taken by a call center) and requested a refund. I wanted to use another chimney company to replace the chimney cap and check the top portion of the vent pipe, as clearly the technicians with the first company are not always reliable. The chimney company refused my refund, stating that they would take legal action against me if I were to dispute the credit card transaction. I have not signed anything but do have their receipt in my email inbox.

Am I, as a consumer, required to allow them one more chance to do the work correctly if they blatantly failed to perform on their first visit? As it stands there is an appointment this coming Tuesday for them to come supposedly replace the chimney cap and check the top portion of the vent pipe. I okayed this appointment to avoid any sort of mechanic’s lien or legal action.

The property is located in North Carolina.

Thank you in advance.