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Contractors Say Deposits Can Keep Consumer Involved

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By MARK HETTS Universal Press Syndicate

The Tampa Tribune

Published: August 28, 2008

Dear Readers,

In June, Mr. HandyPerson responded to a Florida reader having trouble finding a house painter who did not expect a 50 percent advance before signing a contract. He opined that perhaps this was not terribly unusual because the painters might need to purchase materials, and that she should make calls to city hall and the Better Business Bureau to ask about local standards, and to check about prospective painters.

He then received a sharply worded letter from a contractor in Tampa saying a 50 percent advance was certainly not acceptable and could be the mark of a fly-by-night operator trying to exploit retirees.

Mr. HP agreed that his original advice could have been more well thought out, so he shared the contractor's letter.

That brought responses from other contractors, and I'm sharing two more:

Dear Mr. HandyPerson,

Regarding your previous column, we hear so much today about consumer rights but little about consumers' legal and moral responsibilities to honor their end of the contract. Unfortunately, there are consumers who seem to take pride in refusing to pay for work that has been completed to (or above) industry standards. Where does that leave the contractor who has covered the material and labor costs? Hiring an lawyer is cost prohibitive, and even when you win, collection's another issue.

I understand consumers not wanting to pay for a job until it's completed, but it goes both ways. It is incorrect to assume that requiring a portion of payment in advance indicates the contractor lacks working capital. Even when payment is done in thirds, consumers' refusal (for whatever reason) to pay all or part of the final third can be disastrous for a small business. I'm not sure where the solution lies as long as there are dishonest consumers and dishonest contractors in this world.

Janet

Sarasota

Dear Mr. HandyPerson,

That letter from the Tampa contractor irritated me enough to write.

I have been in the glass and mirror business for 22 years. The days of handshake deals are long gone, and often, a business collects a deposit to protect itself from the consumer.

I have had customers call 10 people to fix a window only to arrive and find it already fixed. They paid the first person who showed up, not bothering to call and cancel the others. I've had customers cancel custom orders because they found items $10 cheaper, even though they were from a disreputable company not offering our service or quality.

Some consumers lack moral integrity, sticking you with materials if they find cheaper ones, have an emergency or just change their minds. Fifty percent advance might be a little steep, but 25 percent is not. That creates a vested interest, so they are less inclined to back out and stick it to you. As businesses, we're struggling enough in today's economy without people doing additional damage by ordering materials that we can never resell.

No flooring or furniture store will sell without payment in advance (usually in full). Why is it hard to accept a service person doing something similar? If you check them with the Better Business Bureau, chamber of commerce and references, a reasonable deposit shouldn't be problematic.

Denise

Sarasota

Dear Janet and Denise,

Thanks for your letters. Mr. HP certainly didn't mean to push people's buttons, but he's glad to foster this discussion.

He hasn't a solution to these problems other than to suggest that courtesy, honesty and reasonability are good goals for consumers and contractors alike. And, unfortunately, caution will serve both.

Share repair problems, questions, experiences and tips by writing to Mr. HandyPerson, c/o Universal Press Syndicate, 4520 Main St., Kansas City, MO 64111.

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