ComplaintsforA D Kistler & Son Bathroom Remodeling Specialists

• Initial Complaint

  10/23/2023

  Complaint Type:

  Order Issues

  Status:

  Answered

  More info

  I paid a down payment of $4000 in August 2023 and didnt hear from the vendor until I texted in October. They said ithe job would start at the end of October. That was not staisfactory to me and so I want to cancel my unsigned contract and wanted m down payment back. The owner said no, he would do it at the end of Otocber or April, 2024. I said no. So i want my down payment back since they have not invested any time or money on my project.

  

  Business response

  11/01/2023

  ****** *******.       DBA

  A D Kistler & Son bathroom remodeling

      We do not give refunds on deposit 

     *** **** * ****** **** 

  *** ********* ********* 

  
  ************ ** *****

  job was sold on 8/15/23 with the intent to start Job, the end of September, or in the first part of October we scheduled it for the second week of October, which is going to take two maybe three weeks it would’ve ended week of the 23rd. 
    On October 4 he calls tells me they’re having second thoughts and don’t want to do the project

  this has caused my company to lose money. My employees have lost wages as well

  Customer response

  11/02/2023

  
  Complaint: ********
  
  I am rejecting this response because:

  Proposal & Specifications you provided to us for the proposed work at our condo was absent of language which- in your words- "we do not give refunds on deposits" no language indicates that the down payment was nonrefundable if we elected not to proceed with the work. Contrary to your representations to the BBB, this work was never scheduled to begin, something which your text message exchanges with me (which I am also in possession of) confirm. The timeline you originally provided – for completion in early October – was workable for us. As it continued to get delayed and delayed (and no communication with us unless we initiated it) though, we had concerns about the project going into November due to decreasing temperatures and mother's inability to leave the house as frequently. As a result, after I called you and it was delayed to the end of October into November, we elected not to proceed with the work. Also, the business was to provide samples of materials to select for the remodling which was never done. The communication only accured once the deposit was made when we initiated it. No action of scheduling a time to select materials and etc after that!
  
              Because you performed absolutely no work at our condo, you are not entitled – under any contractual or equitable theory – to retain any of our money (no signatures on the contract). Accordingly, it is demanded that you return these funds to us immediately. If these funds are not received within that time frame, we will authorized an attorney to proceed with legal action to seek the return of the same and to pursue additional available claims related to deficiencies in the documents you provided to us.
  
              Thank you for your time and attention to this matter. I hope to hear that this misguided situation has been resolved in short order. 

  
  Sincerely,
  
  ****** ****

  

  Business response

  11/20/2023

  Re:         Complaint filed by ****** ****
                BBB complaint ID ********
  
  This complaint response is respectively submitted by ****** ******** ******** owner of the AD Kistler and Son Bathroom Remodeling in Kettering, Ohio.

  Mr. ****** **** first contacted me in July 2023.  After meeting with him and discussing the job, we agreed on the work to be done and I told him that we would be able to start his job towards the end of September or the beginning of October 2023.  Mr. Ison then gave me a $4,000 deposit to do the bathroom and to lock in the time on our schedule. 
  

  On Wednesday, October 4th as I was getting ready to reach out to him and confirm that we would be starting his job on Monday, October 9th (just as we had discussed when he gave me the deposit to hold that time), he called me that afternoon and told me he had changed his mind and no longer wanted to do the project.   This, unfortunately, left me with a two-week gap in my schedule and no work or income for my employees.  That is why deposits are not refundable, especially with such a short notice when it’s not feasible or possible to quickly get other jobs lined up to fill the void.  As a business owner, I still had to meet payroll and other business expenses, even though there was no work coming in for the next two weeks.  This was obviously a financial set­back for me, and that is why the $4,000 deposit cannot be refunded at such a late date.
  

  AD Kistler and Son is a small family-run business with three employees, specializing in bathroom design and renovations.  We pride ourselves on providing the highest quality workmanship and, to do that, we only concentrate on doing one project at a time.

  Customer response

  11/20/2023

  
  Complaint: ********
  
  I am rejecting this response because:
  The statement that the organization was going to reach out to schedule a time is not true. This only happened when I started the phone calls becuase I heard nothhing since the deposit was made. ****** was to bring samples to choose from to my 90 year old mother's home. That never happened from August until I started calling in October. I was told the work would start in the latter part of September or early October but when I finally spoke with ******, he said it would be the last of October or the start of November. They were behind in work so it was delayed. When my mother wanted to seek a refund ****** said they could do it in the spring so she could be outside while the working was going on. If that was the case, then how did their workers have 2 weeks of to do nothing and not get paid? So they workers were paid out of the $4000 for no work being done? While they may be a small business, they seemed to have enough work that they could not start untill October or could even do it in the spring 2024?? They would do this to a 90 year client?

  There are some facts here that are not being told. I have submitted the information to an attorney and will go to a small claims court to resolve.

  
  Sincerely,
  
  ****** ****

  Customer response

  11/20/2023

  Disappointed in the organizations response and disapointed the BBB has closed it with no resolution.

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