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Attorney General DeWine Files Consumer Protection Lawsuit Against Home Repair Contractor

3/2/2018

(COLUMBUS, Ohio)—Ohio Attorney General Mike DeWine today announced a consumer protection lawsuit against a Columbus-area home improvement contractor accused of failing to deliver promised services to customers.

Max R. Erwin Jr., of Hilliard, and his company, Central Ohio’s Ace Exteriors LLC, are accused of violating state consumer protection laws by taking consumers’ money and failing to provide promised services or performing shoddy work. 

“Most contractors do a great job, but there are some people who just don’t finish the work they are paid to do,” Attorney General DeWine said. “We’re taking this action to protect consumers.”

In complaints filed with the Ohio Attorney General’s Office and Better Business Bureau, consumers said they paid Central Ohio’s Ace Exteriors for various home improvement services such as bathroom remodeling, window replacement or deck installation, but that no work was ever done or that the work was incomplete or shoddy. Consumer damages currently total about $27,000 among five unresolved complaints.

The company also allegedly failed to notify consumers about their three-day right to cancel under Ohio’s Home Solicitation Sales Act.
 
In the lawsuit, filed in the Franklin County Common Pleas Court, the Attorney General seeks reimbursement for affected consumers and an end to any violations of Ohio’s Consumer Sales Practices Act and Home Solicitation Sales Act.

To help consumers avoid home improvement problems, Attorney General DeWine offered the following recommendations:

  • Research contractors carefully. Ask for recommendations, and talk to past customers about their experiences with a contractor. Search for complaints on file with the Ohio Attorney General’s Office. Find out if the business is registered with the Ohio Secretary of State. Conduct an online search of the business name and the owner’s name. Be skeptical if you find no information. Some operators change business names regularly to make it harder for consumers to detect their record of shoddy work.
  • Get multiple estimates. For a large job, consider contacting at least three different businesses before making a final selection. Keep in mind that the company that gives you the lowest estimate may not necessarily deliver the best results.
  • Understand your cancellation rights. If a home improvement contractor does not have a fixed place of business or comes to your door to offer services, you may be entitled to a three-day right to cancel the contract under Ohio’s Home Solicitation Sales Act. Make sure you receive detailed written information about your cancellation rights.
  • Get verbal promises in writing. If a contractor makes verbal claims, make sure they are put in writing. Otherwise they are not guaranteed. Also make sure the written contract includes other important information such as the estimated cost, the expected start and end dates, and the names of the individuals who will perform the work.
  • Be wary of requests for large down payments. It’s reasonable for a contractor to require a down payment, but be skeptical if you’re asked to make a large down payment (such as half or more of the total cost) before any work begins. If possible, pay in increments as the work is completed.
Consumers who suspect an unfair or deceptive sales practice should contact the Ohio Attorney General’s Office at www.OhioProtects.org or 800-282-0515.

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Documents

Lawsuit (PDF)

Media Contacts

Dan Tierney: 614-466-3840
Kate Hanson: 614-466-3840

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