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Consumer Protection : Advice from The Bucks County Consumer Advocates

June 2006

Q. I just moved into this apartment three months ago. The neighbors are all telling me that the complex keeps raising the rent. They are saying that the raises are excessive for what they give us in return. Management never stated to me what kind of rent increase there will be. Is management allowed to keep raising rent without doing anything around the complex to warrant the increase? W.J., Doylestown

A. As long as a tenant is not in the middle of a year’s lease, management may raise the rent as they see fit. It does not have to coincide with upgrades done to the apartment. Management must send the tenant a notice of the increase giving the allotted time that is stated in the lease. If you feel your apartment needs serious repairs done you should send this to management in writing, making sure you keep a copy for your records. Be sure to state what the problems are in your apartment, what you would like to see done to fix the problems, and a time frame to do the repairs. If the tenant does not get any satisfaction, then the tenant can call Bucks County Consumer Protection at 1-800-942-2669 to try and get resolution through mediation. Consumers can also call our office for a free copy of the Landlord/Tenant packet.

Q. My daughter and I were shopping the other day and we made a large purchase. At the checkout counter the clerk asked us if we would like a 20% discount. We said of course. The clerk then gave us an application form for a store credit card. I declined the offer but my daughter thought I made a mistake and should have taken the discount and then canceled the card. Did I make a costly mistake? H.M., New Hope

A. Our experience is that consumers should avoid instant credit at a retailer. The discount is always the bait and is usually very appealing but generally not a good value for many. Your interest rate may not be what you like or want. The cards usually contain costly catches which are in fine print located in the terms and conditions agreement. They may charge an annual fee, or they may have a clause that signs you up for automatic credit protection services and other services you may not want or need. Many of these services have a fee attached. If you chose to accept the card and then cancelled the line of credit it could affect your credit score especially if you did that numerous times. Many businesses take advantage of instant credit and “buy now-pay later” promotions. Consumers are constantly targeted and need to be on guard all the time. In our opinion you were a savvy consumer and chose well.

Q. I bought three pair of jeans at an online store. They charged me Pennsylvania sales tax on the jeans. I questioned the tax since if I went to a local store in Pennsylvania there would be no tax on clothing. I checked the website fact page and under sales tax it states that Pennsylvania requires the tax on orders shipped to customers in Pennsylvania. What can I do to get my tax money returned? C.H., Furlong

A. The jeans you purchased should not have been taxed. While most clothing items in the state are not taxed there are some exceptions. Prom dresses, formal clothing, tuxedos, and bridal apparel are some of the taxable exceptions but not all. You are entitled to a refund. The best route to take is contact the online store and request a refund. Advise them they incorrectly taxed a non-taxable item and they can verify that by contacting the Pennsylvania Revenue Department. You can also request a refund directly from the state. Just write to the Pennsylvania Department of Revenue, Board of Appeals, Department 281021, Harrisburg, PA 17128-1021.

Q. I came to this country from Ireland as a young man so imagine my surprise when a paving contractor who came to my home was born and raised in the same little town that I came from. He was such a personable young man somewhere in his forties. I decided to hire him to pave my driveway for me and felt very confident he would do right by me. Well, was I disappointed? The driveway was not done properly and is crumbling. He didn’t lay the amount of stone that we agreed on. The back patio has weeds growing up through the cracks. He promised to come back out and do the repairs. We haven’t seen him since. The letters we sent to him have been returned from the post office stating that the there is no such number/street. Is there nothing I can do? S.O., Warminster

A. Bucks County Consumer Protection has tried several ways to contact this paving contractor to no avail. He has had complaints in other counties surrounding Bucks. It is so important to check out any company you are thinking about doing business with. Contact our office and check to see if there are any complaints against the business. Get the company’s address and check to make sure it is a valid address for the company. Make sure there is an actual landline number, not just a cell phone number. Do not pay in full for any job that has not been completed to your satisfaction.

Q. I have been to several dealerships looking for a used vehicle. I’m starting out in the work force and don’t have a lot of money to spend on a car, but I need something to get me back and forth to work. I hear that used cars can be a gamble to purchase. What should I look out for when buying a used car? P.M., Fairless Hills

A. Know what you are looking for before you even talk to anyone at the dealership. Figure out what you can afford to spend and don’t be talked into spending more. If you find a car that you are interested in have the car checked out thoroughly. Get the vehicle identification number (VIN#) and research the car online. You can do that on www.carfax.com. Take the car to a trusted mechanic and have it checked out. If the dealer refuses to allow you to do this, walk away. There must be something they are hiding. Also, don’t let anyone pressure you by saying that there is someone else who is going to buy it right away if you don’t. There will always be another deal with a more reputable dealer. Consumers may want to check with Bucks County Consumer Protection at 1-800-942-2669 to either check on the dealership or get free information mailed to you on buying a used car.

Q. I attended a seminar on living trusts and estate planning. The presentation seemed slanted to one side. The presenter made it sound like this was the only way to plan an estate. He made it sound urgent that we follow up with his company. I realize that there is a place for a revocable living trust, but I am not sure I really need one. How should I look at this issue of living trusts? M.B., Doylestown

A. There are always two sides to any issue. When it comes to revocable living trusts or estate planning, consumers should view them as products for sale. When considering these products, you should comparison-shop just like you would for a car. Check out the business’ reputation with the BBB, local consumer protection department and the Attorney General’s Office. Ask lots of questions and make sure you involve people or family members that you trust. Never sign or pay for anything until you have clearly decided. Do not allow yourself to be pressured or misinformed of the facts. There are numerous companies that sell these products as well as attorneys, and the fees can vary greatly. The difference is that most attorneys do not try to sell financial products along with a will or trust. Your estate is very important, and without question everyone should have at least a basic will. Durable power of attorney documents and living wills address your wishes if you are unable to make any future decisions on your own. Your local county recorder of deeds office can answer probate questions. You can obtain free information about this subject by calling Bucks County Consumer Protection at 1-800-942-2669.