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Thread: I think this guy is wrong for doing this.

  1. #1
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    I think this guy is wrong for doing this.

    Hey all,

    I ran across this posting on Craigslist the other day, thought I would ask for some opinions on this type of ad. Personally I'm all for making money but there's a right way and a wrong way and I believe this guy is wrong for posting this.

    http://pensacola.craigslist.org/sks/1797539519.html
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    Quote Originally Posted by AlJen View Post
    Hey all,

    I ran across this posting on Craigslist the other day, thought I would ask for some opinions on this type of ad. Personally I'm all for making money but there's a right way and a wrong way and I believe this guy is wrong for posting this.

    http://pensacola.craigslist.org/sks/1797539519.html
    I will turn the guy in, what he is doing is illegal, what he is advertising to do requires 3 licenses, by Florida statute he is required to list his license numbers in all forms of advertising, even craigslist.

    HVAC
    Plumbing
    Electrical


    Even if his boss allows him to do side work, the guy is not licensed and he can't work under his company license, unless the work is being done by the company.

    I seriously doubt his company would allow him to do side work with the company van.
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  3. #3
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    Times are hard & a guy trying to feed his family by offering his services is ok by me. I'm this close to grabbing my tools & standing right by the guy with the cardboard sign-only my sign will say "really WILL work for food".
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    Quote Originally Posted by tipsrfine View Post
    Times are hard & a guy trying to feed his family by offering his services is ok by me. I'm this close to grabbing my tools & standing right by the guy with the cardboard sign-only my sign will say "really WILL work for food".
    He also states in the add that he is allowed to use the vehicle and license info is available on request.
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  5. #5
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    He must put his certification #(s) in the ad, just like on the truck. Most localities require this on advertisements, I know Alabama does.

    Anytime I see ads like this, I flag them as being prohibited. Not trying to split hairs, doing a job for a friend or family is one thing but to compete in the public forum you have to play by the rules.

    I don't know about his boss but I'm sure there must be some misunderstanding or untruth in this ad. I know I wouldn't stick my resources out there like this just out of concern for liability, never mind the context of license application and PR.

    The 2009 Florida Statutes:

    Title XXXII
    REGULATION OF PROFESSIONS AND OCCUPATIONS Chapter 489
    CONTRACTING View Entire Chapter

    489.119 Business organizations; qualifying agents.--



    (b) The registration or certification number of each contractor shall appear in each offer of services, business proposal, bid, contract, or advertisement, regardless of medium, as defined by board rule, used by that contractor or business organization in the practice of contracting.

    (c) If a vehicle bears the name of a contractor or business organization, or any text or artwork which would lead a reasonable person to believe that the vehicle is used for contracting, the registration or certification number of the contractor must be conspicuously and legibly displayed with the name, text, or artwork. Local governments may also require that locally licensed contractors must also display their certificate of competency or license numbers. Nothing in this paragraph shall be construed to create a mandatory vehicle signage requirement.

    (d) For the purposes of this part, the term "advertisement" does not include business stationery or any promotional novelties such as balloons, pencils, trinkets, or articles of clothing.
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  6. #6
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    Quote Originally Posted by pdrake65 View Post
    He also states in the add that he is allowed to use the vehicle and license info is available on request.
    He doesn't have a license, he works for an HVAC company and he cannot legally work using that license, unless they qualified his company.

    Even if he does have a license, by law the license number must be posted in the ad, he is also advertising for plumbing and electrical work, which each require a license.
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  7. #7
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    I've heard that some people will try to pass off their EPA cert as "enough" of a license to do side work. If that's the case then I would like to practice brain surgery on the weekends, I have a CPR certification that should be good enough to run an ad on CL....lol.
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  8. #8
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    Quote Originally Posted by AlJen View Post
    I've heard that some people will try to pass off their EPA cert as "enough" of a license to do side work. If that's the case then I would like to practice brain surgery on the weekends, I have a CPR certification that should be good enough to run an ad on CL....lol.
    Based on the ad, he is trying to look legit by using his company vehicle,
    I seriously doubt the owner of his company is aware of him doing sidework and if he is, his company is liable for any work this guy does.

    It is cler he is unlicensed and he is contracting without a license, which in Florida is a felony.
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  9. #9
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    Quote Originally Posted by bwalley View Post
    He doesn't have a license, he works for an HVAC company and he cannot legally work using that license, unless they qualified his company.

    Even if he does have a license, by law the license number must be posted in the ad, he is also advertising for plumbing and electrical work, which each require a license.
    Maybe I am reading his add wrong ,but it seems like his company is giving him permission to go and find some extra work because they are in a slow period (I don't see how that is possible...we are swamped!!!).They might be standing behind his doing this and therefore his license stands valid. As far as posting licenses I don't know what kind of fine would be imposed for an add. It is also possible he has all of these licenses under his contractor or has a contractor license of his own. Just my opinion...nothing more.
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    Quote Originally Posted by pdrake65 View Post
    Maybe I am reading his add wrong ,but it seems like his company is giving him permission to go and find some extra work because they are in a slow period (I don't see how that is possible...we are swamped!!!).They might be standing behind his doing this and therefore his license stands valid. As far as posting licenses I don't know what kind of fine would be imposed for an add. It is also possible he has all of these licenses under his contractor or has a contractor license of his own. Just my opinion...nothing more.
    He can't legally do sidework, unless he has a contractors license, then it wouldn't be side work, it is very clear from his ad, he is not licensed.

    He is required by law to have his license number posted in his ad, since he is advertising for 3 different trades, all 3 license numbers must be posted in his ad.

    he is advertising for 3 different trades, Plumbing, A/C and Electrical, they all require 3 different licenses.

    If his company is aware he is doing sidework, they are also breaking the law, it is called aiding and abetting an unlicensed contractor.

    It is a Felony in Florida to contract without a license.
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  11. #11
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    I don't know about Florida but in California you don't need a license if the work is not over $500.00 parts and labor.
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    Isn't it a felony only if it is a repeat violation?
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    Quote Originally Posted by AlJen View Post
    Isn't it a felony only if it is a repeat violation?

    Murder is a felony, can I kill just 1 person and if I don't repeat the violation get away with it?
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    Quote Originally Posted by jackintheboxtec View Post
    I don't know about Florida but in California you don't need a license if the work is not over $500.00 parts and labor.
    Not so sure about that, but in Florida he is required to be licensed in each trade he is advertising to do work in, and he is advertising A/C, Electrical and Plumbing, that is 3 seperate license he is required to have.
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  15. #15
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    I guess my question was, doesn't the offense start as a misdemeanor and become aggravated after the first conviction therefore making a second offense a felony?
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  16. #16
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    Quote Originally Posted by AlJen View Post
    I guess my question was, doesn't the offense start as a misdemeanor and become aggravated after the first conviction therefore making a second offense a felony?
    It is a Felony to contract without a license, even if you only do it 1 time.

    A misdemenaor does not turn into a felony just because you get convicted and continue doing the saem offense.

    This guy has more than 1 craigslist ad, I am printing them out and sending the information to the local Building Department and the DBPR, hopefully they will do something to stop the guy.
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  17. #17
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    Quote Originally Posted by bwalley View Post
    It is a Felony to contract without a license, even if you only do it 1 time.

    A misdemenaor does not turn into a felony just because you get convicted and continue doing the saem offense.

    This guy has more than 1 craigslist ad, I am printing them out and sending the information to the local Building Department and the DBPR, hopefully they will do something to stop the guy.
    Gosh yes, maybe they will do something to stop him from feeding his family doing the only thing he knows how to do. God bless people like you.
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  18. #18
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    Quote Originally Posted by tipsrfine View Post
    Gosh yes, maybe they will do something to stop him from feeding his family doing the only thing he knows how to do. God bless people like you.
    He has a job, if he wants to be a contractor, he needs to get licensed like I and other legal contractors did.

    H is taking work away from other people who are licensed who are trying to feed their family.

    I have a hard time believing he is really working for an AC company who is slow right now, it is Florida and most companies are busy right now.

    Here is another one of his ads, he is trying to undercut other legitimate contractors.

    http://pensacola.craigslist.org/sks/1788419249.html

    Do you own a A/C business or do you work for someone who does?

    Are license required in your state?
    Last edited by bwalley; 07-10-2010 at 01:00 PM. Reason: wrong link
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  19. #19
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    Hmmm. I would call him and ask him some of these questions before being judgemental. The number he has listed is for a business.
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  20. #20
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    Quote Originally Posted by pdrake65 View Post
    Hmmm. I would call him and ask him some of these questions before being judgemental. The number he has listed is for a business.
    Florida Law states anyone doing work as a contractor must be licensed and they must list their license numbers in all forms of advertising.

    He clearly said in his ad he is doing sidework with the knowledge of his boss, just because his boss says its OK, does not mean he can break the law.
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