Quote by email, no written contract, work not yet done. Can I cancel?
May 23, 2015 2:44 PM Subscribe
I'm in Texas. I'm having some repairs/renovations done to my home and yard in preparation for selling it. I accepted a quote for a landscaping job by email. We set a date for the job next month. They said they'd send a contract for me to sign and that they required a deposit. I have not received the contract. I'd like to cancel the job. Can I? YANML.
I accepted the quote by email three weeks ago. About two weeks ago, I asked about the contract, they said it was delayed. I asked about the contract this past week and my message was not returned.
I was considering canceling with them due to the lack of communication. (The company has a reputation for preferring high-ticket jobs. Without a contract, I'm worried I'll get bumped for a more lucrative job.) Today, my realtor advised me not to go through with the job since I won't recoup the money in the sale of the house. So I really want to cancel now.
I emailed the landscaper to cancel, saying I expected the contract by now, that I didn't like the lack of communication, that I'm no longer interested in the job, ask them to cancel the job date, and not to send the contract. They replied to say I've been on the schedule for weeks and that they send the contracts a week before the date. Which isn't exactly confirming my cancelation.
I plan to call this week to clear it up. Before I press the point, though, I'd like to make sure my email quote acceptance isn't binding. I assume it's not since they require a contract. And my realtor thinks I can back out since I haven't signed a contract. What do you think? Can I cancel the job?
I accepted the quote by email three weeks ago. About two weeks ago, I asked about the contract, they said it was delayed. I asked about the contract this past week and my message was not returned.
I was considering canceling with them due to the lack of communication. (The company has a reputation for preferring high-ticket jobs. Without a contract, I'm worried I'll get bumped for a more lucrative job.) Today, my realtor advised me not to go through with the job since I won't recoup the money in the sale of the house. So I really want to cancel now.
I emailed the landscaper to cancel, saying I expected the contract by now, that I didn't like the lack of communication, that I'm no longer interested in the job, ask them to cancel the job date, and not to send the contract. They replied to say I've been on the schedule for weeks and that they send the contracts a week before the date. Which isn't exactly confirming my cancelation.
I plan to call this week to clear it up. Before I press the point, though, I'd like to make sure my email quote acceptance isn't binding. I assume it's not since they require a contract. And my realtor thinks I can back out since I haven't signed a contract. What do you think? Can I cancel the job?
IANAL and TINLA, but whether or not your acceptance of the quote is binding in any way will probably depend on the specific language in the quote and any specific actions you took to accept it. Usually though, the quote is just to make sure you're on the same page and by accepting the quote you're just saying yes, let's move forward with this, put the contract in front of me on these terms and I'll sign it. Whatever other actions they've taken in the meantime, their next responsibility was to put a contract in front of you for signature. That would have include things like delivery timing and payment terms. Signing the contract and backing out would probably give them some legal basis for complaint, but people walk away from quotes all the time -- their plans change, or they find lower bidders, or the money falls through. It happens, and while they may not be super happy about it, I'd be very surprised if anything came out of it.
If you're really concerned about it, you'd probably want to run this by an attorney in your jurisdiction who's familiar with local contract law, but if it were me I'd just say: we have no contract, my plans have changed and I no longer require your services, thanks for your time and have a nice day.
posted by Two unicycles and some duct tape at 3:48 PM on May 23, 2015
If you're really concerned about it, you'd probably want to run this by an attorney in your jurisdiction who's familiar with local contract law, but if it were me I'd just say: we have no contract, my plans have changed and I no longer require your services, thanks for your time and have a nice day.
posted by Two unicycles and some duct tape at 3:48 PM on May 23, 2015
Did you give a deposit? Since you didn't sign a contract, you shouldn't have. Thus no obligation, but if you did, it gets messier.
posted by TheAdamist at 4:01 PM on May 23, 2015
posted by TheAdamist at 4:01 PM on May 23, 2015
Hi, did your email have a date or something stating that work would start on a specific date? if so then what ever email agreement was made has been broken.
Also, their answer was not very clear. You should take the initiative and write them an email AND send a copy of the letter (using certified return receipt requested mail) restating your intention not to use their services. You can also put in the letter, that if they disagree they should let you know in writing in 7 days or you will consider the matter closed...or something like that
There is a nice online service that allows you to type a letter and send it return-receipt requested. I think it is called letter stream.
Good luck and put everything in writing.
posted by drthom at 4:09 PM on May 23, 2015
Also, their answer was not very clear. You should take the initiative and write them an email AND send a copy of the letter (using certified return receipt requested mail) restating your intention not to use their services. You can also put in the letter, that if they disagree they should let you know in writing in 7 days or you will consider the matter closed...or something like that
There is a nice online service that allows you to type a letter and send it return-receipt requested. I think it is called letter stream.
Good luck and put everything in writing.
posted by drthom at 4:09 PM on May 23, 2015
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posted by leahwrenn at 3:01 PM on May 23, 2015 [1 favorite]