Text message estimate

[Vision503]

Oregon - business owner

Can a text be legally binding?
Recently I told a potential customer this during the estimate process and prior to our viewing of their property With minimal wiring I can do the job for $1500 and it won't be more than $1500. I said I "can" do that price, I didn't say I "would" do that job at that price, as again, I hadn't physically viewed the property. He informed me that he'd already gotten 2 other quotes, quotes which, for what he wanted done, weren't even close to realistic pricing. Meaning that he was lying from the start. Upon going out and viewing the property, and seeing that it was going to require substantially more labor I told him that I wouldn't be able to do it for $1500 and that the price would rise to $1860. He became irate and belligerent and started threatening to sue me for bait and switch, claiming that we already had a deal. We had no deal, no signed acceptance from either party, no monies changing hands, nothing. Do I need to be worried about getting sued or is he just acting like a child?

 

[Just Blue]

Oregon - business owner

Can a text be legally binding?
Recently I told a potential customer this during the estimate process and prior to our viewing of their property With minimal wiring I can do the job for $1500 and it won't be more than $1500. I said I "can" do that price, I didn't say I "would" do that job at that price, as again, I hadn't physically viewed the property. He informed me that he'd already gotten 2 other quotes, quotes which, for what he wanted done, weren't even close to realistic pricing. Meaning that he was lying from the start. Upon going out and viewing the property, and seeing that it was going to require substantially more labor I told him that I wouldn't be able to do it for $1500 and that the price would rise to $1860. He became irate and belligerent and started threatening to sue me for bait and switch, claiming that we already had a deal. We had no deal, no signed acceptance from either party, no monies changing hands, nothing. Do I need to be worried about getting sued or is he just acting like a child?

A text could possibly be considered a contract, IF there is a meeting of the minds. Take the text to a local attorney for review.

 

[quincy]

Oregon - business owner

Can a text be legally binding?
Recently I told a potential customer this during the estimate process and prior to our viewing of their property With minimal wiring I can do the job for $1500 and it won't be more than $1500. I said I "can" do that price, I didn't say I "would" do that job at that price, as again, I hadn't physically viewed the property. He informed me that he'd already gotten 2 other quotes, quotes which, for what he wanted done, weren't even close to realistic pricing. Meaning that he was lying from the start. Upon going out and viewing the property, and seeing that it was going to require substantially more labor I told him that I wouldn't be able to do it for $1500 and that the price would rise to $1860. He became irate and belligerent and started threatening to sue me for bait and switch, claiming that we already had a deal. We had no deal, no signed acceptance from either party, no monies changing hands, nothing. Do I need to be worried about getting sued or is he just acting like a child?

Nothing prevents the homeowner from suing you but it does not appear from what you have said that you and the homeowner formed a binding contract.

 

[Vision503]

A text could possibly be considered a contract, IF there is a meeting of the minds. Take the text to a local attorney for review.

Please define a meeting of the minds.

Thank you

 

[quincy]

Please define a meeting of the minds.

Thank you

As defined by Black's Law Dictionary, meeting of the minds is a "mutual agreement and assent of parties to contract to substance and terms" of the contract.

 

[Vision503]

Nothing prevents the homeowner from suing you but it does not appear from what you have said that you and the homeowner formed a binding contract.

I never formed any contract with him, on the phone via text I said I can do it, not I will do it, as I never give a full offer quote without physically viewing any property.

Also, he text me, "I hope like hell you can help me" prior to my telling him that I wouldn't be able to offer him that price. That doesn't imply that we had any deal, that implies that he's hoping to make a deal with us. Then he goes on to say to ask that we work with him on the price. I fully explained the $360 cost difference.

Another thing to consider, which I didn't discover until afterwards, this guy is a convicted con artist. He also has a very recently felony conviction for assault, harassment and strangulation.

 

[Just Blue]

That the text displays a mutual agreement/accord. Contract review is really beyond the scope of the volunteers here and that is why I advised you to seek an attorneys opinion.

IMPO your "could" and "would" is kind of questionable.

 

[Vision503]

As defined by Black's Law Dictionary, meeting of the minds is a "mutual agreement and assent of parties to contract to substance and terms" of the contract.

Which did not happen.

 

[Just Blue]

I never formed any contract with him, on the phone via text I said I can do it, not I will do it, as I never give a full offer quote without physically viewing any property.

Also, he text me, "I hope like hell you can help me" prior to my telling him that I wouldn't be able to offer him that price. That doesn't imply that we had any deal, that implies that he's hoping to make a deal with us. Then he goes on to say to ask that we work with him on the price. I fully explained the $360 cost difference.

Another thing to consider, which I didn't discover until afterwards, this guy is a convicted con artist. He also has a very recently felony conviction for assault, harassment and strangulation.

You should perhaps, in the future, use the term "may do it".

 

[LdiJ]

Oregon - business owner

Can a text be legally binding?
Recently I told a potential customer this during the estimate process and prior to our viewing of their property With minimal wiring I can do the job for $1500 and it won't be more than $1500. I said I "can" do that price, I didn't say I "would" do that job at that price, as again, I hadn't physically viewed the property. He informed me that he'd already gotten 2 other quotes, quotes which, for what he wanted done, weren't even close to realistic pricing. Meaning that he was lying from the start. Upon going out and viewing the property, and seeing that it was going to require substantially more labor I told him that I wouldn't be able to do it for $1500 and that the price would rise to $1860. He became irate and belligerent and started threatening to sue me for bait and switch, claiming that we already had a deal. We had no deal, no signed acceptance from either party, no monies changing hands, nothing. Do I need to be worried about getting sued or is he just acting like a child?

Next time you do something like that simply say that you don't know whether or not you can do it for $1500 until you see the property and what needs to be done.

 

[Vision503]

That the text displays a mutual agreement/accord. Contract review is really beyond the scope of the volunteers here and that is why I advised you to seek an attorneys opinion.

IMPO your "could" and "would" is kind of questionable.

Could and would are two very different statements... No on in this business will ever give a quote over the one prior to viewing the property and scope of work. I told him that once we agreed upon the installation and cost I would send him a formal quote and deposit request. I never did that, because I didn't agree to do the job for $1500.

 

[quincy]

Which did not happen.

Okay. If you had no contract, you did not breach the terms of it.

 

[Mass_Shyster]

Did you say "when" you could do it? Did you mention any other terms? Like full payment up front for a job that you'll start in 18 months?

 

[Vision503]

Did you say "when" you could do it? Did you mention any other terms? Like full payment up front for a job that you'll start in 18 months?

No, in fact I told him that once I've viewed the property I would send him a formal quote and deposit request.

He asked if we could do it the same day and I said not likely. Never gave him a start date or time.

 

[quincy]

No, in fact I told him that once I've viewed the property I would send him a formal quote and deposit request.

He asked if we could do it the same day and I said not likely. Never gave him a start date or time.

It does not appear to be much to support a lawsuit against you.

You might save yourself some future grief by not accepting the job from this customer, even if he agrees to the higher estimate.

Good luck.