Razorback Roofing and Shaun Redmond are a fraud. You should avoid them like the plague. I will show you that the contracts they write are invalid in Arkansas, and that they are only interested in collecting money and harrassing their customers.
On Dec 28th we signed a contract at their suggestion to have our roof replaced by Razorback roofing. They had called a few days before and offered a Free Inspection. We took them up on their offer. Upon inspection the Sales Representative, Raul Marquez, said there was a 50/50 chance our roof needed to be replaced, and that we should sign a contract, and if the roof needed replacing they would do the work. They would also assist with filing an insurance claim.
Well, after a few days, and realizing that the most important thing on Raul's mind was not my home but the money (first insurance check is 80% of the funds), we decided we'd cancel our contract. Raul told us that we could not cancel the contract. We did so on the third day anyway, by sending a letter of cancellation to Razorback Roofing.
Here's the thing. Not one of their contracts they sign are valid in the state of Arkansas, as they do not contain a Cancellation Notice.
Arkansas statues:
title 4. Business and commercial law
subtitle 7. Consumer protection
chapter 89. Home solicitation sales
4-89-107. Buyer's right to cancel offer or contract.
(a) In addition to any other right to revoke an offer, the buyer has the absolute right to cancel a home solicitation contract or offer until midnight of the third calendar day, excluding Sundays and holidays as declared in 1-5-101, after the day on which the buyer signs an agreement.
(b) Cancellation occurs when the buyer returns to the seller the notice of cancellation, the notice having been provided for the buyer by the seller. To further protect the consumer, it is suggested that the notice of cancellation be sent by registered mail.
4-89-108. Requirements for enforceable sale — Notice of right to cancellation required.
This is longer and so I will let you read the whole thing. Here's a LINK if you want to read the whole thing.
Interesting Parts:
(c) In a home solicitation sale, the seller must furnish to the buyer at the time he or she signs the sales contract or otherwise agrees to buy consumer goods or services from the seller a completed form in duplicate, captioned "NOTICE OF CANCELLATION", which shall be attached to the contract or receipt and easily detachable and which shall contain in 10-point bold face type the following information and statements: "NOTICE OF CANCELLATION... (Enter date of transaction) You are entitled to cancel the agreement or offer referred to above at any time prior to midnight of the third day, excluding Sundays and holidays, after the day you signed the agreement or offer.
(d) If seller fails to give both oral and written notice of the buyer's right to cancellation, the cooling-off period does not begin to run until actual notice is given, and the buyer is no longer obliged to return the goods in substantially the same condition.
When I signed my contract with Razorback Roofing, there was no Notice of Cancellation given. I have since tried to cancel by the letter mentioned, and with Raul Marquez the Salesman. I have also tried to cancel with Shaun Redmond, before responding to a Debt Collection letter that he sent from his Prepaid attorney, Mona Teague with Lisle Rutledge and Associates in Springdale, Arkansas. Shaun acknowledged that he had my Cancellation notice when we talked, but I did not know about the statues above at the time.
The final straw was when Springdale District Court sent me notice that Shaun Redmond was taking me to small claims court. And then he had the audacity to not show up. There were 9 of us Defendants that showed up, and he did not.
I believe that the Debt Collection notices, and the Court notices are intended as harrassment and that Shaun Redmond would rather bully customers into paying the money than follow Arkansas Law. I don't believe he ever had any intention on showing up for court. I pity the people that paid this man any money. If you have paid Razorback Roofing any money to get out of your contract, you too can follow the suggestions below, as the money you paid was obtained fraudulently.
If you are also in this situation, please do the following things:
1. File a complaint with the Arkansas Attorney General's Consumer Complaint Division.
Consumer Protection Division
501-682-2341 Little Rock area
800-482-8982 (statewide)
501-682-8118 (fax)
Website: http://www.arkansasag. Gov/
Here's a nice Home Solicitation Sales Tip Sheet (note the 3 day period): http://www.arkansasag. Gov/consumers_consumer_tips_home_solicitation.html
2. If you are taken to Small Claims court, enter an amount of $1000 (or more) for Affirmative Relief. This is essentially counter suing him. Your Basis of Affirmative Action claim is for your time and expenses in fighting his fradulent contract. You may not get any money, but this will ensure he shows up in court, or he will be due the Money. If the plaintiff does not show up in court they retain the right to sue you again in the future. Counter suing him makes sure he shows up, or he will be forced by the court to pay.
3. If you are being harrased by Razorback Roofing or Shaun Redmond regarding a Contract that you signed, take them to Small Claim Court to get the contract cancelled. This was actually suggested to me by the Chief Investigator of the Consumer Protection Division who is handling my Complaint. Sue them for up to $5000 for harrassment and research to defend their frivolous claims. That appears to be the only way to legally get him to quit with the Debt Collection and Lawsuits. Again, you may not get any money, but they will be in court and your contract will be cancelled.
4. File a complaint with the Better Business Bureau. Their Website is http://www.bbb.org. Razorback Roofing has a B the last time I looked. That's a few grades too high for this company.
Thank you, and I hope this helps you fight these crooks.
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