Business ProfileforThe Best of American Art Inc.

The Best of American Art, ***************************** ****************************************** Re: Notice of Complaint and Claim This is in attempt for final resolution to resolve this complaint and claim. This communication shall serve as notice of formal complaint and claim. This claim arises from the contract entered in with THE BEST AMERICAN *** ***** ************************* AND HIS AGENTS AND AFFILIATES,EMPLOYEES AND SUBCONTRACTORS. The claim is to include, misrepresentation and unconscionable actions, in violation of and not only the THE TEXAS DECEPTIVE TRADE PRACTICE-CONSUMER PROTECTION ACT(****), ************** SECT ***** BUT ALSO THE RESIDENTIAL CONSTRUCTION LIABILITY ACT (RCLA) TEX.PROP.CODE SECTION 27. This is notice of **** and ************************* complaint and claim under all listed above AND included in this letter.. On or about May 11,2023 THE BEST OF AMERICAN ART,***************************** and his agents and affiliates entered into an agreement ,wherein which,the ******** purchased a *********** Home at the price of $37,500. THE BEST AMERICAN *** **** ************************* AND HIS AGENTS AND AFFLIATES,EMPLOYEES AND SUBCONTRACTORS also entered into an agreement to move the *********** Home from *********** ***** to ******************************************************* and to disassemble the *********** home and reassemble the home in a condition to be habitable and all parts and pieces and systems of the home to be in working condition as promised by ************************* and his agents. After several attempts to resolve the issues and concerns of the damages and or other issues listed in this complaint, ***********************, his company and affiliates stopped all communications, refused our calls and reneged on all basic laws and his promises pertaining to the selling and moving, dissembling and reassembling and to complete or resolve all damages that occurred during the whole processs of said Palm Harbor home move. ************************* and his affiliates and agents, left a elderly couple to fend for themselves at their new resident with a faulty home in which they still do not have full capacity to live in their home and are left to live among the defective systems,damages and missing parts and pieces to the home. In the process of moving the home, The Best of American **** ************************* ,his agents and affiliates, employees and subcontractors damaged the home and or did not properly reassemble the home in order for the home to be habitable. Also, *************************, his salesman, his agents and affiliates, employees and subcontractors did not disclose electrical issues, the home having a secondary heat and air system, the original system is in non working condition. If the disclosures had been made the ******** would not have purchase this Palm Harbor Home. The ******** were told several times all systems were in good working condition which has been proven not to be true at this time. Some of the other defects area:Significant Plumbing issues The air conditioning is a secondary system and is not in proper working order and there is significant faults with the duct work The smaller bathroom was disassembled during the move and was not put back properly4 Trim is missing throughout the home You can see the sky in the master bedroom where the home was put back together Lights and Outlets not working properly Significant damages to the eve and roof Roof seals were removed and not replaced.Soft spots and cracking occurred after the move Broken windows The ******** were promised an inspection and the application and receipt of title to their home. ************************* acknowledged receipt of letter received by *********************** Lawyer. In this letter is was advised ************************* had 10 days to resolve this issue and he rebutted that a housing authority agent would call us to set a date and time for inspection. My husband called the housing authority and they have no record of any conversation with ************************* on file. Neither **** or ************************* have received a call or letter or any communication in regards to resolving the title issue to date. The title needs to be handled and resolved immediately!*******************, his business, agents and affiliates, representatives, employees and subcontractors above referenced conduct as set out above, constitutes a violation of the following provisions of the **** statute:Causing confusion or misunderstanding as to the source, sponsorship, approval or certification of goods and services.Causing confusion or misunderstanding as to affiliation, connection or association with, or certification by another.Representing that goods, or services have sponsorship, approval, characteristics, ingredients, uses, benefits or quantities which they do not have or that person has sponsorship, approval, status, affiliations or connection which he does not.Representing that goods and services are of a particular standard, quality or grade, or that goods are of a particular model, if they are of another.Falsely representing that work or services have been performed on or parts replaced in goods;failing to disclose information concerning goods and servcies ,which know at the time of the transaction if failure to disclose such information was intended to induce the consumer would not have entered had the information been disclosed.Disparaging the good,services, or business of another bt false and misleading representation of the facts.Representing that an agreement confers or involves right, remedies or obligations which it does not have or involve or which are prohibited by law;Using the term Corporation or incorporated oe an abbreviation of either of those terms on a name of business entity that is not incorporated under the lawss of this state or another jurisdiction.TEX.BUS. & Comm. Code Sec. ***** (B)(2)(3)(5)(7)(8)(12)(22)(24)(25) Further, the work that you did perform when reassembling the home resulted in construction defects defined by ***.PROP.CODE Sec, ******, These defects are listed above, bit that list is no means inclusive of all defects.The ******** are seeking recovery of actual damages, punitive damages and if necessary attorneys fees for the following causes of action:Breach of contract Fraud in the inducement Actual fraud Statutory fraud Negligent misrepresentation Negligence and Gross negligence In an effort to resolve this matter without the necessity of filing a lawsuit, demand is hereby made for the following:Immediate filing for a inspection, inspector must be from housing authority and filing for and handing over title to receipt at ******************* expense.All repairs found by inspector are to be resolved in a timely matter by *************************, and The Best of American Art **** its agents, affiliates, employees and subcontractors. The ******** are requesting a licensed company to provided and complete all repairs deemed on inspectors report. All repairs are to be done in a timely matter, and at ******************* expense.To pay the ******** back for any monies spent thus far for repairs of dysfunctional or damaged air conditioning , water systems, electrical system or any thing that has been included and not included in this letter pending the results of the inspection. of June 2023 and July 2023 Air conditioning bills due to the damages due to the disassembly and reassembly issues and broken parts on main air conditioner caused in the move.If you timely cure as required by the **** and RCLA, no further expenses will be incurred. This is an opportunity to cure the problem without incurring legal fees. Please contact ************************* at ************ or *************************, ************************* or at ************ or via mail at ************************************************. We look forward to resolving these matters so we can move on from this extremely stressful and unconscionable experience.