Can i get in trouble for this ???? - Contractor Talk - Professional Construction and Remodeling Forum

davinci · 12-01-2008, 09:26 PM

I had a guy order some windows from me. i gave him the price and then he asked about some upgrades and i told him as long as the price increase was negligible,i would eat the cost. today i found out it was about 800 bucks more so i told him and he said forget the upgrades. he then asked if i accept credit cards and i said no but i could take his number and i can pay for the windows through the supllier. i ordered the windows with his card but printed my name on the reciept and signed my name--NOT HIS. now he says he wanted the upgrades and i should eat the cost-no friggin way. i am now worried he will say he never made the purchase with the card since he gave me his card number and they put it in manually. he did'nt say he would do this but i am now worried he could.

MALCO.New.York · 12-01-2008, 09:33 PM

Legally.....If he wanted to be a real diiiiiiiiiiick, you could actually get prosecuted, but acquitted, for a class A? Felony of Credit Card Fraud.

You NEED to contact the supplier IN Writing. Contact the local Business Bureau IN writing. An Attorney IN writing. CYA all the way.

rbsremodeling · 12-01-2008, 09:33 PM

Quote:

Originally Posted by davinci

I had a guy order some windows from me. i gave him the price and then he asked about some upgrades and i told him as long as the price increase was negligible,i would eat the cost. today i found out it was about 800 bucks more so i told him and he said forget the upgrades. he then asked if i accept credit cards and i said no but i could take his number and i can pay for the windows through the supllier. i ordered the windows with his card but printed my name on the reciept and signed my name--NOT HIS. now he says he wanted the upgrades and i should eat the cost-no friggin way. i am now worried he will say he never made the purchase with the card since he gave me his card number and they put it in manually. he did'nt say he would do this but i am now worried he could.

Yes you can. I have done it before with my wife and vice a versa but it is illegal. If he does not squeal you will probably be ok. But you took a very big risk

BuildingHomes · 12-01-2008, 09:43 PM

The only person who can use a credit card is the person whos name is printed on it.

Why the hell would you have done this? Did you ever even meet this guy or was it all over the phone? Did you get anything in writing? Why wouldn't you have taken a deposit and use that to cover your costs with the supplier? Did you even mark it up?

And why is your supplier doing a Card-Not-Present with you standing there reading off the number to them?

tinner666 · 12-01-2008, 10:01 PM

I've done it a few times. Shouldn't be a problem. You can sign anybody's check as long as NO fraud was intended and you had permission. Same with a card.
That's the gray illegal/legal area. I've done it often.
As for your situatin with him acting up, nothing illegal, but could become a headache. If you were on the phone or at the counter with a regular supplier, you'll have a good witness if necessary.

MALCO.New.York · 12-01-2008, 10:07 PM

Quote:

Originally Posted by BuildingHomes

And why is your supplier doing a Card-Not-Present with you standing there reading off the number to them?

I OFTEN charge things for my Mother with her card and sign my name. When my Mother travels, I give her my card and she NEVER has a problem.

If you look reasonable, no one checks the signature. If you know a supplier, then there is PHYSICALLY (did not say legally) no problem with the transaction.

CrpntrFrk · 12-01-2008, 10:10 PM

Anything and everything should always be in a written contract.... signed and dated!

MALCO.New.York · 12-01-2008, 10:11 PM

Quote:

Originally Posted by CrpntrFrk

Anything and everything should always be in a written contract.... signed and dated!

Tscarborough · 12-01-2008, 10:15 PM

If you do not have written authorization, including all contact info, a signature, and a description of the purchase and exact amount to be charged, the owner of the card can decline the charge and you are out the money, if not liable to a charge of fraud.

Do NOT give or accept CC charges over the phone or via email without a written authorization form.

You have been warned!

BuildingHomes · 12-01-2008, 10:28 PM

Card Not Present transactions put the entire risk on the merchant. Meaning if a chargeback is issued, the merchant then has to come up with an imprint of the card and a matching signature. If they cannot, then they lose the money from that transaction.

Again, credit cards can only be used by the person whos name is stamped on it. Check your card holder agreement. There should be something written about that in there.

The case of your mother or other relation may work if no one questions the female name to the male person holding the card.

Bodger · 12-01-2008, 10:31 PM

Quote:

Originally Posted by davinci

I had a guy order some windows from me. i gave him the price and then he asked about some upgrades and i told him as long as the price increase was negligible,i would eat the cost. today i found out it was about 800 bucks more so i told him and he said forget the upgrades. he then asked if i accept credit cards and i said no but i could take his number and i can pay for the windows through the supllier. i ordered the windows with his card but printed my name on the reciept and signed my name--NOT HIS. now he says he wanted the upgrades and i should eat the cost-no friggin way. i am now worried he will say he never made the purchase with the card since he gave me his card number and they put it in manually. he did'nt say he would do this but i am now worried he could.

This guy sounds like a real jiagg-off...and trying to leverage something for free, and the opening he thinks he sees is the credit card transaction.
Definitely someone to keep in the crosshairs in case he tries something weird over this.

MALCO.New.York · 12-01-2008, 10:33 PM

Quote:

Originally Posted by BuildingHomes

Card Not Present transactions put the entire risk on the merchant. Meaning if a chargeback is issued, the merchant then has to come up with an imprint of the card and a matching signature. If they cannot, then they lose the money from that transaction.

Again, credit cards can only be used by the person whos name is stamped on it. Check your card holder agreement. There should be something written about that in there.

The case of your mother or other relation may work if no one questions the female name to the male person holding the card.

NOT if the Card Holder claims Fraudulent Use. The party that initiated the purchase is held culpable and can be prosecuted. That is IF the PITA card owner decides to be a REAL Diiiiiick!

In this case the Contractor will NOT be convicted but COULD suffer the hassle and embarrassment of the Legal Process.

davinci · 12-01-2008, 11:03 PM

he gave me the credit card number in person at his home. i have an e-mail i sent stating that i put 2800 bucks on his credit card and he responding twice via e-mail afterwards. no way he can say its fraud ,if it was he would have said so in the e-lail i sent him and he responded to acknowledging the transaction. i snet him an-e-mail stating the windows i ordered and that he put 2800 on his credit card as a deposit. he then writes back and says "ok,thanks,can you confirm the upgraded hardware as well"..thats when i said,no way!

MALCO.New.York · 12-01-2008, 11:10 PM

Quote:

Originally Posted by davinci

he gave me the credit card number in person at his home. i have an e-mail i sent stating that i put 2800 bucks on his credit card and he responding twice via e-mail afterwards. no way he can say its fraud ,if it was he would have said so in the e-lail i sent him and he responded to acknowledging the transaction. i snet him an-e-mail stating the windows i ordered and that he put 2800 on his credit card as a deposit. he then writes back and says "ok,thanks,can you confirm the upgraded hardware as well"..thats when i said,no way!

Unfortunately, email is does NOT hold up in Court. It is enough to prompt a Warrant in other legal matters, but NOT as "solid" Evidence. Screwed up, I know!

" Under certain circumstances, email can be admitted into evidence, but that does not mean that the email is not impeachable (capable of being thrown out as evidence). Where the e-mail is against the personal or self interest of the party (as in the Microsoft case, for example), it should be admissible since it is difficult to impeach. It's a bit complex, but the legal implication does exist. On the other hand, if used to establish proof of a meeting of the minds (i.e. a visitation agreement between two parties) this could easily be impeached, as both parties could no doubt come up with a printed e-mail saying this never happened (essentially "manufactured proof"). Nevertheless, a signature (as appearing in hardcopies) should prove to be impeachable. So, the bottom line is that an electronic signature that leaves a person using it no excuse should be able to correct this loophole. "

http://www.deltabravo.net/custody/email.php

skyhook · 12-01-2008, 11:12 PM

Put a hold on the order and let the homeowner pay the upgrades. Simple

davinci · 12-01-2008, 11:17 PM

the friggin order was put in today already,now he wants different hardware. will anderson change it or be pricks?

MALCO.New.York · 12-01-2008, 11:18 PM

Quote:

Originally Posted by davinci

the friggin order was put in today already,now he wants different hardware. will anderson change it or be pricks?

Restocking fee, at worst. If they were not "Custom".

Patrick · 12-01-2008, 11:23 PM

Quote:

Originally Posted by davinci

the friggin order was put in today already,now he wants different hardware. will anderson change it or be pricks?

The best part about Andersen upgraded hardware is it usually comes in a separate box and you have to swap it out with the crappy plastic standard locks yourself. So you should be able to just pay for the hardware. Id suggest maybe using your own credit card this time though.

davinci · 12-01-2008, 11:24 PM

screw this,i'm calling the boys from 18th avenue and 86 street.

skyhook · 12-01-2008, 11:25 PM

The first 3 days is your right to cancel. Then the order goes to production where it might wait another 2-3 weeks. Anderson is easy to work with, but your supplier has to deal with them. By getting the HO on the ticket for the upgrades, relieves you of some responsibity.