5 On Your Side

Cary Woman Alleges Painter Did Not Deliver On Promises

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CARY, N.C. — When you see someone's work and it looks good, you usually feel pretty comfortable hiring them for a job. Many times, things will turn out just fine, but a Cary woman said that is not how it worked for her.

Mildew, fading, unpainted siding -- Jane Mercer's house clearly needs new paint. In October, she hired David Brown of Max C's Design, also known as Triangle Painting. Brown agreed to power-wash, caulk and paint her house for $1,400. Mercer paid $700 up front.

"He said that by making that deposit, it would ensure that he would be here within two weeks," she said.

When that did not happen, she called Brown. Mercer said he told her it would be another week. Again, he did not show. Mercer said she called repeatedly and got nowhere. In November, she left a final message.

"I told him that if he couldn't get to my house before Thanksgiving to just forget it. He could return my check and we would forget it. I'd get somebody else," she said.

Mercer said she also sent a letter asking for her money back, but she did not hear anything. Finally, she called Five On Your Side.

"I was angry. I was really angry and for people who know me, I'm not really an angry person, but if you make me mad, I'm Irish and I get really, really angry," she said.

Five On Your Side called Brown. He claims water restrictions and cool weather held up several of his jobs. He said he didn't realize Mercer wanted a refund. He promised to send a check in a couple of days. However, it took more phone calls from Five On Your Side before he finally sent Mercer $700.

Brown delivered a $700 money order and called Mercer to apologize. He said he feels the issue is resolved.

Mercer said she has another painter lined up. She also does not intend to pay that much of a deposit again.


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