- Jurisdiction
- Illinois
The background:
I contacted the painter based on online reviews to paint the exterior of whole house, he wrote up a proposal right there in front of me, I asked him if the windows were covered, he said yes, and then added the wording "frames windows" to the contract. I accepted the contract.
I paid him in full with personal check (he refused credit card payment) when the job was done, 2 days later I realized he did not paint the windows as I was trying to open a window. I contacted him he said the windows were not included in the contract, I asked him to read the contract, he then said "frames windows" did not mean "windows". I reminded him of our conversation before the contract was signed, and in the contract the wording "frames doors" was used, and all the doors and door frames were painted. We went back and forth and he kept on denying, eventually I mentioned "my attorney".
He then wrote: "I quoted you cheap". I mentioned one more time "my attorney...", he wrote back: "we can work this thing out ourselves, this never happened in my 15 years as a painter...". I shoot right back at him: "so you decided to defraud a customer just because she is a Chinese and a Chinese woman?".
He evetually agreed to come and paint the windows, did not give a date yet saying he is busy.
My question:
I think I have been discriminated against and am an intended victim of a fraud by this painter, I don't want him to come to my house or anywhere near me again, can I hire another painter to finish the job and try to be reimbursed by him through small claims court?
Thank you for advices.
I contacted the painter based on online reviews to paint the exterior of whole house, he wrote up a proposal right there in front of me, I asked him if the windows were covered, he said yes, and then added the wording "frames windows" to the contract. I accepted the contract.
I paid him in full with personal check (he refused credit card payment) when the job was done, 2 days later I realized he did not paint the windows as I was trying to open a window. I contacted him he said the windows were not included in the contract, I asked him to read the contract, he then said "frames windows" did not mean "windows". I reminded him of our conversation before the contract was signed, and in the contract the wording "frames doors" was used, and all the doors and door frames were painted. We went back and forth and he kept on denying, eventually I mentioned "my attorney".
He then wrote: "I quoted you cheap". I mentioned one more time "my attorney...", he wrote back: "we can work this thing out ourselves, this never happened in my 15 years as a painter...". I shoot right back at him: "so you decided to defraud a customer just because she is a Chinese and a Chinese woman?".
He evetually agreed to come and paint the windows, did not give a date yet saying he is busy.
My question:
I think I have been discriminated against and am an intended victim of a fraud by this painter, I don't want him to come to my house or anywhere near me again, can I hire another painter to finish the job and try to be reimbursed by him through small claims court?
Thank you for advices.