Re: Some People Update!
That should be the end of the discussion, retain a lawyer, inform these idiots of said lawyer and move on with your life, I would also have your lawyer notify them of the likely counter suit.
I think a lawyer would do more monetary damage to me than the courts could by law - maximum fine 1k - 6, months in the can. I don't think she can win and she might be digging a hole - explanation below.
Office of Consumer Protection? Is that a county office?
Yes it is a county agency.
So, does that mean there is a requirement to be a registered Home Improvement Contractor to do that sort of work, and you are not registered?
No! You do not have to have a license to power wash!
Yes. In MD, all contractors(that enter into contracts) are required to licensed by the Maryland Home Improvement Commission.
Not to powerwash! This was confirmed in letter below.
MD has a long and infamous hostile relationship with those in the home improvement industry. It's epic. It's unlike anywhere else in the country.
I am learning this to be true!
One business guy to another, what a mess. I know you may not like hearing it but you are in a pickle and I'd suggest seeing an attorney ASAP. You said you don't have a business or contractor?s license so I am assuming you are working as a DBA (Doing Business As) which means there is no separation between your work/business finances and your personal finances as there would be with an LLC or S-Corp. To be blunt, everything you own is on the line at this point and you can NOT take it lightly or not get a GOOD lawyer at this point. This situation is a ticking time bomb and you have no idea how the agencies are going to handle it. They could just as easily say the siding was damaged so bad it has to be replaced or say its the cheapest / fastest real fix. I would also assume there will be money as compensation for the disruption / time / hassle to the home owner.
Right now, from all I can see of Maryland law you are between the proverbial rock and hard place. You haven't taken the required exams, proven the two years required apprenticeship, do not have a contractors or a contractors sales license and haven't put up the required surety bond. I'm not picking on you but you are the guy the state has a big issue with and god help you if they decide to make an example of you because I don't think you have a legal leg to stand on and it won't matter if you or the owner is right or wrong.
As I said, find a GOOD attorney and ask him how you dig your way out of this and listen to the advice he / she gives you. I think you have to be prepared for the fact it?s not going to be cheap.
I'm wishing you the best of luck and hope you can get it resolved quickly.
First let me say that I really appreaciate everyones concern - it really helps having advocates - thank you from the bottom of my heart!
I do not solicit work without a license: As I have explained, when I need a license I put it through friends buisnesses, and peice work the parts I want to do but get paid hourly by said companies.
Letter from agency: Thank you for your letter setting fourth your position with respect to the above case in which you claim that the consumer has criminal intent to extort $1,625.00 from you. As you must know it is a criminal offence to engage in the home improvement contracting buisness in the State of Maryland or to solicit such business, without a license issued by the Maryland Home Improvement Commission ( HMIC ) While powerwashing is not considered to be a home improvement for this purpose, engaging in or soliciting painting services is a home improvement.
Thus when you offered to paint said house you were engaged in a criminal act of soliciting a home improvement contract which you are not licensed to perform. You have ten days to provide me with a noterized signed statement that you agree not to solicit or perform any further home improvements in Montgomery County without being licensed. Failure to provide that statement may result in charges against you. BR 8 - 601 MISDEMEANOR $1,000.00 - 6 MONTHS
My drafted response not yet sent : I did not solicit to paint said house for profit as you have accused. This was proven through documentation that you have received. My offer was predicated by her demand that I fix damage on her siding she alledged I created by powerwashing.
I felt sorry for her dilemma until I realized that she was fully aware that the damage was existing - caused in fact by an egging! My offer was withdrawn before you ever got involved - as soon as I was made aware of her criminal intent.
If you choose to pursue charges against me, I will at the appropriate time produce estimates to paint her house using Benjamin Moore ext. Aura. They will contrast the minute amount I quoted, proving that I was seeking no profit! I would have of course utilized a licensed contractor to perform the contractual part- I would have done the work at a cost of $250.00 to complainer.
I welcome the judicial venue to exonerate myself from this prevarication - to gather evidence from those proceedings to consolidate my position that I have been targeted criminally.
