Refunds ordered in 'arborist' case / LJWorld.com

Archive for Tuesday, February 20, 2007

Work by D&L Tree Co. came after March microburst

February 20, 2007

To make a consumer complaint or to seek more information about Douglas County's Consumer Protection Unit, call the Consumer Protection hot line at 330-2849. Information also is available at www.dgcoda.com.

An Ozawkie man has agreed to refund more than $5,400 to two Lawrence residents who say they received shoddy or incomplete repair work at their homes damaged during a microburst nearly a year ago.

Jeremy Deshazo, who had lined up the work by representing himself as owner of D&L Tree Co., agreed to repay:

¢ $3,708 to a Lawrence homeowner who had contracted for $11,000 in roof repairs.

¢ $1,750 to a Lawrence resident who had hired Deshazo to replace a tree damaged in the microburst, plus redo the lawn and replace a sump pump line.

"He did some of the work, but it was not up to the standard or grade promised," said Charles Branson, Douglas County district attorney, whose Consumer Protection Unit investigated the case. "Additionally, he took money for services that were not rendered."

In a consent judgment approved last week by Douglas County District Judge Paula Martin, Deshazo - also known as Jay Deshazo, according to the document - agreed to pay the restitution and a $500 fine but did not admit guilt.

Attempts to contact Deshazo were unsuccessful.

The Kansas Consumer Protection Act requires companies that make "door-to-door" sales - such as during a home show, hotel seminar or at a consumer's door - to inform consumers that they have up to three business days to cancel the transaction.

Deshazo's one-man enterprise qualified as such an operation, Branson said, but Deshazo did not make such information clear to the consumers involved.

Deshazo also represented himself as a "certified arborist" and had described his operation as a limited-liability company, although both assertions were false, Branson said.

Both business arrangements involved in the case had roots in the March 12 microburst that damaged dozens of homes, businesses and other properties in Lawrence and surrounding areas, Branson said.