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Fort Bend Southwest Star Newspaper

Local News, Classifieds, Real Estate for Sugar Land, Richmond, Stafford, Missouri City, Katy

Rosenberg roofing contractor must pay restitution for misled homeowners

October 5, 2011 by FortBendStar

By Elsa Maxey

A case at the Texas Attorney General’s Office has gone from just charges filed against a Rosenberg roofing company to a judgment with an agreement from the company to reimburse homeowners for having misled them.

This past Friday, the state Attorney General’s Office, which said Holden Roofing, Inc. was charged in June, also said the roofing contractor has agreed to pay back money to all homeowners pressured into using their services. Homeowners living in communities that experienced severe weather incidents were reportedly approached by the company’s sales representatives as consultants, who visited individually with them, including senior citizens. The consultants, according to the state’s account, said they were offering their expertise to those wanting help with claims against adjusters and insurance carriers. This will probably bring to mind similar calls made in this area.

A “consultation and assistance agreement” by homeowners thought to be a free roof inspection and work estimate would then be signed. But, it obligated a homeowner to hire the company or pay a penalty.

The Attorney General’s Office said that company representatives failed to properly inform homeowners about their three-day cancellation rights under the Texas Home Solicitation Act. This applies when services are solicited in person at a prospective customer’s residence.

The state office said that homeowners who attempted to cancel their sales transactions received letters from the roofing company demanding that liquidated damages be paid or else a lawsuit would be filed. The state Attorney General’s Office, however, said the damages claimed were an invalid penalty.

In addition to reimbursing homeowners, the judgment against the roofing company will require it to pay $25,000 in civil penalties and $10,000 in attorneys’ fees as part of the enforcement action.

Fort Bend residents and other Texans who believe they have been deceived by improper or unlawful business practices may call the Office of the Attorney General’s toll-free complaint line at (800) 252-8011 or file a complaint online at www.texasattorneygeneral.gov

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