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A lady friend living lakeside ordered some material for a roofing job on her house. She had two workers work for two days and got about half of the material in place.

The woman gets communication from the guy she bought the material from and he said he delivered the wrong material and she owes an additional $11,000.

She basically says in a letter delivered to him, "No way. Take it back and give me my money back."

Guy says "No, pay up."

I suggested waiting for him to make the next move, probably a letter from an attorney.

She wondered about Profeco. Anyone here had any dealings with Profeco? Results?

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She wasn't aware of what materials she ordered for her job and just went ahead and had the "wrong materials" installed? I would assume there are two sides to this story and I wouldn't be so quick to condemn the seller, nor publicly out him as some scammer, without knowing the whole story, not just based on the OP's post.

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IMO it is his problem.  She paid him apparently in full for what she ordered, he delivered the wrong stuff and now wants to get paid more.

I wouldn't let him remove it either until he gave her back the money she gave him.  Otherwise she'll end up with no material. 

Sounds like the job is done.  His problem, not hers.  But I hope she has something in writing otherwise it is her word against his and this generally doesn't go well when the dispute is between expat and Mexican.

If in fact what he provided is better and worth more, maybe she could offer to split the difference.  

 

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Perhaps the guy is some kind of scammer or perhaps he did make an honest mistake. Sounds to me like both parties are taking an adversarial approach, rather than trying to come to some equitable terms. The homeowner should price out what the materials she used costs at other places, to get an idea of whether he is just trying to scam her, or she really did get much more expensive materials at a ridiculously low price. I couldn't in good conscience take advantage of someone's legitimate error, if that happened to be the case.

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2 hours ago, Nikalos Telsa said:

I wasn't clear. It was metal, not cloth.  I used the wrong word

No you didn't. You said material, which could be anything from metal to plastic to roof tiles to membrane. Why a poster interpreted "material" to mean cloth is weird.

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1 hour ago, mudgirl said:

Perhaps the guy is some kind of scammer or perhaps he did make an honest mistake. Sounds to me like both parties are taking an adversarial approach, rather than trying to come to some equitable terms. The homeowner should price out what the materials she used costs at other places, to get an idea of whether he is just trying to scam her, or she really did get much more expensive materials at a ridiculously low price. I couldn't in good conscience take advantage of someone's legitimate error, if that happened to be the case.

All the years I was in charge of telecom Construction we did private work. And if I messed up I would have had to eat it.  It's not the customers job to check materials. It's the contractor job.  So how things have always worked with means it's on the contractor. He should have checked himself or had a worker he trusted on site.  But I ran a very tight ship and my customers always left happy. 

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18 hours ago, Nikalos Telsa said:

A lady friend living lakeside ordered some material for a roofing job on her house. She had two workers work for two days and got about half of the material in place.

The woman gets communication from the guy she bought the material from and he said he delivered the wrong material and she owes an additional $11,000.

She basically says in a letter delivered to him, "No way. Take it back and give me my money back."

Guy says "No, pay up."

I suggested waiting for him to make the next move, probably a letter from an attorney.

She wondered about Profeco. Anyone here had any dealings with Profeco? Results?

Getting an attorney involved for some US$ 600 seems a little absurd. (but good luck). 

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11 hours ago, Mexicoafterlife said:

It's not the customers job to check materials. It's the contractor job.  So how things have always worked with means it's on the contractor. He should have checked himself or had a worker he trusted on site

You are talking about a completely different situation. There is no "contractor" involved. This isn't some big project. It's a homeowner who hired a couple of guys to put some roofing materials in place. Neither she nor the workers obviously had any idea of how much those materials normally cost. It would have been the homeowner's responsibility, in the absence of a contractor, to check that the materials she ordered are indeed what was delivered. I suspect she never did that, nor as another poster pointed out, got quotes from other places for the same materials, to get an idea of what is a reasonable price. So it isn't all on the seller. 

And what happened up north in your business is irrelevant. A Mexican hardware store owner can ill afford to eat 11,000 pesos, if that, in fact, is what happened.

 

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12 minutes ago, mudgirl said:

You are talking about a completely different situation. There is no "contractor" involved. This isn't some big project. It's a homeowner who hired a couple of guys to put some roofing materials in place. Neither she nor the workers obviously had any idea of how much those materials normally cost. It would have been the homeowner's responsibility, in the absence of a contractor, to check that the materials she ordered are indeed what was delivered. I suspect she never did that, nor as another poster pointed out, got quotes from other places for the same materials, to get an idea of what is a reasonable price. So it isn't all on the seller. 

And what happened up north in your business is irrelevant. A Mexican hardware store owner can ill afford to eat 11,000 pesos, if that, in fact, is what happened.

 

They took the job and agreed to do the work.  THEY didn't check on the equipment THEY used so THEY are responsible.  It is that easy. They should have came to her nicely and said we are sorry but we used the wrong material for your work.  Can we try and see if we can come to a mutual agreement. But to just say you owe me this much because I messed up. That's a hard no for me too. 

Look you can think what you want but it's not like she changed her order or anything so she did nothing wrong.

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1 minute ago, Mexicoafterlife said:

They took the job and agreed to do the work.  THEY didn't check on the equipment THEY used so THEY are responsible. 

A couple of Mexican workers are not responsible for this. They would not necessarily have any idea what materials the homeowner ordered nor how much they should cost, nor would they have any idea how much the homeowner paid for them. 

Your NOB ideas do not apply to how things work in Mexico.

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3 hours ago, mudgirl said:

A couple of Mexican workers are not responsible for this. They would not necessarily have any idea what materials the homeowner ordered nor how much they should cost, nor would they have any idea how much the homeowner paid for them. 

Your NOB ideas do not apply to how things work in Mexico.

I think he's confused about the circumstances at least if I understand them correctly.  The materials were bought by the homeowner directly and then she hired two guys unrelated to the supplier to put them up.  After the work was done, the supplier came back and claimed the material provided was not as originally ordered and was considerably more expensive, for which he demanded payment.

Isn't that correct?

 

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17 minutes ago, Mainecoons said:

I think he's confused about the circumstances at least if I understand them correctly.  The materials were bought by the homeowner directly and then she hired two guys unrelated to the supplier to put them up.  After the work was done, the supplier came back and claimed the material provided was not as originally ordered and was considerably more expensive, for which he demanded payment.

Isn't that correct?

 

Ok then it's a supplier's problem. Who ever delivered the wrong product is wrong. Nit this poor woman who ordered and had a quote for a price and got whacked for 11000 peso. I know some retirees down here are on a set income and they can't afford a large hit like that in the budget. 

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12 minutes ago, Mainecoons said:

Isn't that correct?

That's certainly how I understood the situation. 

And if that is true, condemning the seller with no information to go on aside from the original post here, which isn't even his own experience, but hearsay from his friend, is rather unfair. 

We don't know what happened. Did the homeowner not check to make sure what was delivered was what she ordered? 

Perhaps the seller had 2 truckloads of roofing materials go out at the same time and mixed up the addresses when giving them to the drivers? 

I'm certainly not defending a seller rudely demanding a customer pay an extra 11,000 pesos for a delivery error, but in fact, no one here knows if that was indeed the way he phrased it. 

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3 minutes ago, mudgirl said:

That's certainly how I understood the situation. 

And if that is true, condemning the seller with no information to go on aside from the original post here, which isn't even his own experience, but hearsay from his friend, is rather unfair. 

We don't know what happened. Did the homeowner not check to make sure what was delivered was what she ordered? 

Perhaps the seller had 2 truckloads of roofing materials go out at the same time and mixed up the addresses when giving them to the drivers? 

I'm certainly not defending a seller rudely demanding a customer pay an extra 11,000 pesos for a delivery error, but in fact, no one here knows if that was indeed the way he phrased it. 

All those situations you gave non was the customers fault. So in no situation as you explained should she be paying 11k peso more because the seller of the materials messed up. The customer did nothing wrong at all. So she shouldn't be penalized.

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2 minutes ago, Mexicoafterlife said:

Ok then it's a supplier's problem

You keep contradicting yourself. You first said that in your work up north it was the contractor's responsibility to check that the materials ordered were the same as the ones delivered. Then you said it was the worker's responsibility not to start nailing down materials without checking that they were the correct materials. 

Now you say it's the seller who should take the hit.

Both parties have responsibility here- the homeowner who never bothered to check that what she received was what she ordered (and probably doesn't know the difference anyway) and the seeller who screwed up the order. Instead of this becoming some nasty adversarial situation,  I would suggest that the seller and buyer should try to work out some reasonable terms.

Unless the seller is simply scamming, it would seem that the customer now has superior materials to what she actually ordered, which will perform better over time and probably save her money in the long run.

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I am at a loss as to how many people are coming up with different observations/answers/speculations etc etc from a poster that is passing on info third hand..what a completed waste of time and energies .....some people behave like lemmings and feel compelled to sound off, regardless of the topic and the poster

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