1
12369
Guest
My husband was approached to clean a pool for the summer. He was paid in advance by the homeowner and along with the check was a signed letter from the homeowner outlining the weeks she had paid for in advance. She had previously failed to pay for some of the services on time and she apologized for this in the letter. Obviously she had been happy with the services offered by my husband thus far otherwise I am sure she would not have paid for 2 months in advance.
The problem - The house is up for sale and is vacant. The pool needed to be cleaned regularly so that it was clean when the house was shown to prospective buyers. On the way to a family outing my husband decided to take a run by the pool since we were in the vacinity. Since it was extremely hot outside he opted not to leave my children (2 & 5) and I waiting in the car. Using the key that he had been given by the homeowner he entered through the house and to the back with the family in tow. While there he decided the pool could use a quick vaccuuming (already done that week) in case there was a showing of the house. The trees overhanging the pool were a constant problem when it came to keeping the pool looking crystal clear. While vaccuuming a rubber ring came off the vac and sank to the bottom. My husband did not hesitate to go in to get it. Then our 5 year old asked if he could take a quick jump in and so he did and so did I. My husband found nothing wrong with this and having been in the pool business for 15 years he knew that this could only benefit the pool by loosening up any algae that was along the walls.
When touching base with the homeowner that week my husband informed her that we were by there and that we went in the pool. She at that point had nothing to say about it except that that was fine and what a shame it was not getting more use.
A few days later he gets a call from the homeowner and she said that she no longer needed his services and to return the monies paid in advance. My husband tried to reason with her and asked if she had been happy with his work so far. She replied she was happy but was not happy he brought people onto her prperty without her knowledge or permission. Having never encountered something like this he said he would not do it again and would continue with his regular services for the remaining weeks she had contraacted him for. She said NO and return her money - about $400.00.
Does my husband have the legal right not to refund her money. Because of the letter she sent he has a written contract and iit was binding because he had already been servicing the pool per the contract for about 7 weeks. He was and still is willing tio stand up to his end of the bargain and will clean the pool for the remaining 5 weeks even though it extends past the contract date. She now wants to take him to court. What are his legal rights?
The problem - The house is up for sale and is vacant. The pool needed to be cleaned regularly so that it was clean when the house was shown to prospective buyers. On the way to a family outing my husband decided to take a run by the pool since we were in the vacinity. Since it was extremely hot outside he opted not to leave my children (2 & 5) and I waiting in the car. Using the key that he had been given by the homeowner he entered through the house and to the back with the family in tow. While there he decided the pool could use a quick vaccuuming (already done that week) in case there was a showing of the house. The trees overhanging the pool were a constant problem when it came to keeping the pool looking crystal clear. While vaccuuming a rubber ring came off the vac and sank to the bottom. My husband did not hesitate to go in to get it. Then our 5 year old asked if he could take a quick jump in and so he did and so did I. My husband found nothing wrong with this and having been in the pool business for 15 years he knew that this could only benefit the pool by loosening up any algae that was along the walls.
When touching base with the homeowner that week my husband informed her that we were by there and that we went in the pool. She at that point had nothing to say about it except that that was fine and what a shame it was not getting more use.
A few days later he gets a call from the homeowner and she said that she no longer needed his services and to return the monies paid in advance. My husband tried to reason with her and asked if she had been happy with his work so far. She replied she was happy but was not happy he brought people onto her prperty without her knowledge or permission. Having never encountered something like this he said he would not do it again and would continue with his regular services for the remaining weeks she had contraacted him for. She said NO and return her money - about $400.00.
Does my husband have the legal right not to refund her money. Because of the letter she sent he has a written contract and iit was binding because he had already been servicing the pool per the contract for about 7 weeks. He was and still is willing tio stand up to his end of the bargain and will clean the pool for the remaining 5 weeks even though it extends past the contract date. She now wants to take him to court. What are his legal rights?