Epoxy Flooring Company Placed The Wrong Color On My Mom’s Floor And Now Refuses To Give Her The Refund They Negotiated With Her For The Wrong Color.

Location: Texas

My mom recently purchased a new house in Texas that needed some repairs. Last month, she hired a company (which required you to pay the full price upfront) to replace the cracked garage concrete with brown epoxy flooring. She emphasized that she wanted brown flooring several times throughout the conversations with the company and they assured her the color they will be placing down is brown. However, on the days they were working on the flooring, they kept her from seeing the garage until the epoxy was set. Once she saw the flooring, she discovered that the epoxy was not brown but a blue color. After a confrontation with the workers and owner of the company, they promised that they’ll give her a partial refund ($300) for the wrong epoxy color.

A month has passed since then and there have been no credit card charge backs or checks in the mail for the negotiated amount of money. She called the company last week asking about the refund to which they replied “we’ll hastily give you the money back now”. After a week of no response, they seemed to have blocked her number and email address without sending the refund money.

I feel as if this is illegal in some way (possibly going against DTPA?) but I am not that familiar with Texas laws or lawsuits in general. Is there a certain clause that this practice goes against? If so, should I send the company an email explaining the situation and direct law they’re breaking before my mom pursues legal action?