Counter Offer. A Normal Way to Reach an Agreement. Unless You Are Re-Bath Where Fair Is Not In Their Vocabulary. No Ethics.

In normal civilization, a situation like this would mean that a counter offer was in order since the first offer/release by Re-Bath was what you could call, a real low-ball offer.

So to be fair to us, (and yes, even to fair to the unfair Re-Bath folks), we submitted these two options as a counter offer and compromise.

Option One absolved them of their warranty and obligations just as they demanded in their original offer, but partially compensated us monetarily for our dealings with Re-Bath. Mind you this is a compromise for us, asking for less than we are out of pocket, and what we had discussed with Norm Murdock earlier, only to have him renege on his offer:


GENERAL RELEASE

This General Release (“Release”) is made, this ____ day of June, 2008, by NAME DELETED, an individual residing at ADDRESS DELETED (“Releasor”), in favor of ReBath, LLC, a Delaware limited liability company, and its franchisees, Re-Bath of CA and Re-Bath of San Diego.
In consideration for the sum of $8130.00 paid by ReBath, LLC to Releasor, consisting of $4,800 for water damage repair, as per NAME DELETED Construction proposal #1875, and $250 for paint repair, reimbursement of $2900.00 down payment and $180.00 court costs as per Releasor’s 6/4/08 punch list, Releasor hereby releases and discharges ReBath, LLC, Re-Bath of CA and Re-Bath of San Diego, and their respective members, officers, directors, members, agents, employees, affiliates, attorneys, successors and assigns (collectively, “Releasees”) of and from any and all obligations and defaults, actions, causes of action, suits, proceedings, disputes, rights, claims and demands, at law or in equity (whether real or contingent, known or unknown) that Releasor ever had, now has or may hereafter against any of the Releasees, arising out of or in connection with the bath remodeling work performed in Releasor’s home at ADDRESS DELETED by a Re-Bath franchisee, and any explicit or implied warranty with respect to such work.

IN WITNESS WHEREOF, Releasor has executed this Agreement as of the date first above written.



Option Two was an even bigger compromise by us to only get reimbursed for the most recent damage; we just wanted to get on with our lives! We’d still have a crappy bathroom to contend with, but at least we could get our kitchen repaired.
But since they would not be fully compensating us, (only about 50% of what we were out of pocket), it seemed only fair that they agree to honor their warranty:

GENERAL RELEASE

This General Release (“Release”) is made, this ____ day of June, 2008, by NAME DELETED, an individual residing at ADDRESS DELETED (“Releasor”), in favor of ReBath, LLC, a Delaware limited liability company, and its franchise, Re-Bath of San Diego.
In consideration for the sum of $5,050.00 paid by ReBath, LLC to Releasor, consisting of $4,800 for water damage repair, as per NAME DELETED Construction proposal #1875, and $250 for paint repair, as per Releasor’s 6/4/08 punch list, Releasor hereby releases and discharges ReBath, LLC, Re-Bath of San Diego, and their respective members, officers, directors, (collectively, “Releasees”) of and from any and all obligations and defaults, actions, causes of action, suits, proceedings, disputes, rights, claims and demands, at law or in equity (whether real or contingent, known or unknown) that Releasor ever had, now has or may hereafter against any of the Releasees, arising out of or in connection with the bath remodeling work performed in Releasor’s home at ADDRESS DELETED by a Re-Bath franchisee. The Re-Bath Limited Lifetime Warranty on the materials used stays in effect.

IN WITNESS WHEREOF, Releasor has executed this Agreement as of the date first above written.

But being fair is not what Re-Bath is about. Avoiding responsibility is what we see Re-Bath is about…