How doI get a full refund from my townregarding a landscape bondif Icomplied with all requirements?

I recently built a new home in community that required a $1500 landscape bond. The mayor visited my home and approved the landscaping. However, after 6 weeks of calling for the status of the return of my bond, I finally received it and it was short $500. The mayor has been very difficult to deal with and my councilman isn’t helpful either. The mayor states that I didn’t plant enough shrubs and that’s why the check was short. There is no specific paperwork that states the requirement, only typical landscaping.

Asked on December 29, 2010 under General Practice, Ohio

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

When you say that the Mayor visited your home and approved the landscaping what do you mean ?  Did he sign off on something or give you some document stating you were good to go?  Then you can rely on this document and I would do whatever you can to appeal the ruling as to the landscape.  You had no notice of the deficiency that they are alleging or the requirement for that matter.  Send a well written letter advising all of the above and referring to the documents that require the bond and any documents that dealt with the landscaping and be as specific as you can.  State that they have violated the agreement as it stands and that you request that the $500 be returned to you or you will seek Court intervention.  Good luck.


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