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"I hired Re-Bath of Tampa Bay to re-do my shower, tile the floor and change out fixtures. When I signed the contract, they stated I had a broken shower pan and the shower leaked.

"After this meeting, I gave them $3,200. They were to return eight weeks later to begin. I had three business days to change my mind. Four business days after the contract expired, I found mold and discovered the problem was not a leaky shower, but rather a leaky roof.

"I assumed Re-Bath would be understanding and contacted them. They kept saying they would try to contact the owner. For some reason, they could never locate him.

"I got in touch with the owner myself about a week later. He told me he would review my contract and get back to me the next day. He never did. I called four days later, and they stated they were going to keep half of my down payment as a penalty.

"I contacted consumer protection, and Re-Bath told me they would refund all but $888. After that, consumer protection closed the case and I haven't heard from anyone since.

"Re-Bath told me I had a broken shower pan when I didn't, then wouldn't let me out of the contract without a penalty.

"I've had mold experts in here, and it was proven that I had a mold problem due to a roof leak. I have all my phone records to prove that I called Re-Bath to cancel on Sept. 15, 17, 23, and 24."

Nancy Wuerth, Gulfport, Fla.

Location: Dallas, Texas

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Rachael P Gxs

Nancy,

We are very sorry to hear about your experience with your local Re-Bath franchise. We’d like to discuss this with you further.

Please contact Aimee Williams in the Re-Bath customer service department directly at (480) 844-**** ext. 154 or by email at aclark@***.com and CC me (Rachael@***.com).

Rachael, on behalf of the Re-Bath corporate office

Guest

Not surprised at all.

I wonder if the famous "Aimee" from rebath will now reply and help solve this (i wouldn't hold my breath).

Suggest small claims court. I'd estimate 95% chance you will win. Under a finding of an 'unconscionable contract' - in this instance, written under a false diagnosis of your problem. The 3 days is a valid requirement in most states, but selling a solution to a mis-diagnosed problem will almost always trump that, as it is a fraudulent business practice.

Here, the company had the oppty to cancel, when they were informed their diagnosis was incorrect. That they chose to ignore that and claim your deposit puts this clearly into fraud.

You can ask the court to assess penalties, but in small claims, they usually won't.

That said, you can also contact the state AG, and they may seek penalties.

Good luck