The following words and terms are used within this website as they describe Brandon Molitor’s Professional Home Solutions. The use of these terms is not meant to be a Defamation of Character. In order for Defamation of Charter to occur someone must make false statements that cause some type harm. Every claim made within this web site IS and CAN be substantiated with fact, thus nullifying the claim of Defamation.
1. Is Brandon Molitor’s Professional Home Solutions a Fraud?
In order to be legally considered a fraud a false representation of a matter of fact must exist—whether by words or by conduct, by false or misleading allegations, or by concealment of what should have been disclosed—that deceives and is intended to deceive another so that the individual will act upon it to her or his legal injury must occur.
Fraud must be proven by showing that the defendant's actions involved five separate elements: (1) a false statement of a material fact,(2) knowledge on the part of the defendant that the statement is untrue, (3) intent on the part of the defendant to deceive the alleged victim, (4) justifiable reliance by the alleged victim on the statement, and (5) injury to the alleged victim as a result. Shown below are how Brandon Molitor’s Professional Home Solutions meet each of these criteria for the definition of “Fraud”:
a. False statement of a material fact: It is a fact that Brandon Molitor’s Professional Home Solutions does not have a Surety Bond for Washington, DC. This can be verified by DCRA. However, on his Professional Home Solutions web site he claims he is bonded, which is a false statement.
b. Knowledge on the part of the defendant that the statement is untrue: The posting of Surety Bonds requires a capitol expense. A competent business owner who monitors their expenses should be knowledgeable of what they have purchased or not purchased and therefore knowledgeable about the fact if they have posted a Surety Bond with DCRA.
c. Intent on the part of the defendant to deceive the alleged victim: Purposely advertising on your corporate web site that you are “Bonded” when you have knowledge that you are not, is an intent to deceive for the sole purpose of making false claims to further entice consumers to do business with you.
d. Justifiable reliance by the alleged victim on the statement: Three items which are commonly referenced for consumers to look for from their renovation contractor to ensure they are legitimate are for them to be in possession of: Liability Insurance, DCRA License, and a Surety Bond. It is the possession of these items in addition to previous work history that may compel a customer to sing a contract with a contractor, thus having the customer to have a reliance on these false statements, if the contractor is not in possession of one of these items.
e. Injury to the alleged victim as a result: Any one who has had work performed by Professional Home Solutions in which the work is not completed, not performed to scope or not to DCRA building codes would be injured due to the additional litigation expenses of collecting the judgement since a Surety Bond is not available.
2. Is Brandon Molitor’s Professional Home Solutions a Fake:
The legal definition of Fake implies the altering with intent to deceive, to distort, mislead or misrepresent. Brandon Molitor’s Professional Home Solutions falsely claims that it is bonded, when DCRA can verify as of April 27, 2018 that it is not, this would then imply this is a fake claim, and thus a fake.
3. Is Brandon Molitor’s Professional Home Solutions a Scam:
A Scam is a deceptive sale of goods or services to a consumer designed to extract money. The act of selling construction services as being bonded within DC when you are not, is a scam.
4. Is Brandon Molitor’s Professional Home Solutions a Rip-Off:
Webster defines Rip-Off as the act of exploiting, swindling, cheating or defrauding. Advertising your services as being bonded when they are not and resulting in fewer consumer protections for you the consumer is a, Rip-Off.