Here's the situation, I made a verbal agreement with a surveyor over 4 months ago to have a 1/3 acre surveyed. The surveyor said it'd be done within 2-6 weeks and gave a price of $500-$700. I asked him to call first before he did anything to make sure I was there at the time and we could go over everything. Well, 6 weeks pass, I don't hear a word. Then 4 months pass nothing. Then one weekend, I head up to the place at the lake and notice stuff has been moved around, someone climbed over one of the fences(its over 6 feet in height, so it took some effort), and I notice the 2 pins are in the ground. Then, I receive a bill from the surveyor 2 weeks later charging me $1400. Can he really do this? The work was never done within the agreed timeframe and the agreed price. Any input would be appreciated.
2006-08-15 00:50:52 · 9 answers · asked by Phoenix 2 in Politics & Government ➔ Law & Ethics
what along question
2006-08-15 00:53:44 · answer #1 · answered by abo al hzm 3 · 0⤊ 0⤋
Obviously all estimates or proposals for services should be in writing.
Have you received the survey and made use of it? If yes, you have accepted that a service was rendered and payment should be made.
The issue then becomes the price. The vendor has broken the verbal agreement in this regard, but it then becomes his word against yours.
Pay him the $400 by registered mail with a letter explaining your verbal agreement.
Then it is up to him to decide whether to take you to small claims court.
Often, it is not worth the hassle. If he does, you should try to get an estimate (in writing) from 2 or 3 other local surveyors, to show what is a reasonable charge.
If you have accepted and used the survey, the judge would probably award the average of the other independent estimates.
Another unfair tactic that he could use is to pass your unpaid or underpaid bill to a collection agency. They will then threaten you with a hit on your credit rating.
2006-08-15 01:15:16 · answer #2 · answered by robbie 5 · 0⤊ 0⤋
No it doesn't. A verbal agreement doesn't go null and void at all unless some sort of time period is incorporated into the agreement.
In your case this is exactly what happened - part of the contract with your surveyor was for the work to be carried out within 2 to 6 weeks. It wasn't and so the contract has been breached.
Further, he has charged double the oiginal price which is again in breach of contract. I assume he gave you a quote as opposed to an estimate - a quote is a fixed price, an estimate is an indication and it is in order to charge more than an estimate.
And, part of your contract was that he call you first, again this is something he failed to do.
Provided that all these points were clearly stipulated (price, timescale, calling first) and that both you and he were in agreement with the details, then a valid contract did exist and your surveyor has breached key points of that contract. The contract has therefore been invalidated and he can not justifiably charge you $1400 for his work.
2006-08-15 00:54:38 · answer #3 · answered by Trevor 7 · 0⤊ 0⤋
A verbal agreement means nothing. It used to be that a persons word was all that was needed, that's just not the case anymore. I would send a certified letter stating the verbal agreement and that you are willing, if you are, to pay the agreed upon price but I would think you wouldn't even have to do that b/c there was no contract signed by either party. With that being said, it's your word against his.
2006-08-15 02:21:35 · answer #4 · answered by surelycoolgirl 5 · 0⤊ 0⤋
Terms of the contract.
2-6 weeks
$500-$700
After 6 weeks there is no contract anymore.
The work he did was on his own accord in the hope you would pay. If he demands payment he may have to take YOU to court. You could be wise and offer him the payment for the agreed amount. He probably will refuse but this will look good in court if he ever gets around getting there.
2006-08-15 01:00:41 · answer #5 · answered by Puppy Zwolle 7 · 0⤊ 0⤋
Don't ever agree to verbal agreements. Your situation is not against the law, just unethical.
2006-08-15 00:56:43 · answer #6 · answered by John R 4 · 0⤊ 0⤋
god, what a LONG question!
basically, a VERBAL agreement is NOT ENFORCABLE even though it is LEGAL. . always get everything in writing!!!
you should consult an attorney regarding this matter, though. sounds fishy.
2006-08-15 03:43:30 · answer #7 · answered by thetoothfairyiscreepy 4 · 0⤊ 0⤋
No there is certin time limits between you and contractors
2006-08-15 00:55:14 · answer #8 · answered by dustin b 2 · 0⤊ 0⤋
If it is maf thing, run!
2006-08-15 00:53:18 · answer #9 · answered by Jerdy 5 · 0⤊ 0⤋