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Preliminary notice on unsigned contract

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suzannehunt2001

New member
What is the name of your state?CA

I recently hire an exterminator company in Sacramento and the did some work although i haven't sign the contract, and i paid the small amount of security deposit via my credit card. Apparently they are short of my expectation of what they have promised me and I cancelled it. Now they sent me a preliminary notice asking for full contract amount. Am i binded although I've never sign the contract? And what is the best solution for it. Thanks, Susan
 


adjusterjack

Senior Member
There are many contractual situations where you don't have to sign a contract to have a contract.

You agreed to the terms, you paid a deposit, the contractor performed the work.

That you were not satisfied does not give you the right to unilaterally cancel what has already been done and a credit card chargeback doesn't absolve you of the debt.

Since you are not happy with the work, talk to the contractor and see if you can work out a compromise.

You owe him something. He can sue you for it. A judge will make you very unhappy.

Meantime, check out CA's pest control laws and see if there is anything about contracts.

Laws and Regulations - Structural Pest Control Board (ca.gov)
 

LdiJ

Senior Member
There are many contractual situations where you don't have to sign a contract to have a contract.

You agreed to the terms, you paid a deposit, the contractor performed the work.

That you were not satisfied does not give you the right to unilaterally cancel what has already been done and a credit card chargeback doesn't absolve you of the debt.

Since you are not happy with the work, talk to the contractor and see if you can work out a compromise.

You owe him something. He can sue you for it. A judge will make you very unhappy.

Meantime, check out CA's pest control laws and see if there is anything about contracts.

Laws and Regulations - Structural Pest Control Board (ca.gov)
I disagree with this response.

Pest control contracts call for long term efforts on the part of the contractor. It is not a one and done situation. It appears that the OP paid for the one time effort, but is not satisfied and does not wish to continue with the long term efforts. I agree that the OP likely has to pay for the work performed, even if not satisfied. I disagree that the OP is bound to an unsigned long term contract.
 

adjusterjack

Senior Member
I agree with your disagreement to the extent that it is not exactly clear whether this was a long term service contract or a one time service.
 

quincy

Senior Member
What is the name of your state?CA

I recently hire an exterminator company in Sacramento and the did some work although i haven't sign the contract, and i paid the small amount of security deposit via my credit card. Apparently they are short of my expectation of what they have promised me and I cancelled it. Now they sent me a preliminary notice asking for full contract amount. Am i binded although I've never sign the contract? And what is the best solution for it. Thanks, Susan
You will probably be responsible for paying for the work that was completed, whether the work was up to your expectations or not. It largely depends on how realistic your expectations were compared to any promises made to you by the company.

Whether you are bound to the full terms of your oral contract with the exterminators depends on the contractual terms you agreed to by paying the deposit.
 

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