Legal Question in Entertainment Law in Florida

tractor repair

I had a verbal agreement to repair a tractor. When I went to pick it up the repair cost was double. Their response was the cost quoted did not include labor. What is my recourse?


Asked on 7/02/09, 2:36 pm

1 Answer from Attorneys

Sarah Grosse Sarah Grosse, Esquire

Re: tractor repair

If there is nothing in writing, then you will have a problem arguing that you should only have to pay the cost that you understood. I say this not because verbal contracts are not enforceable - because they are - but because you don't have anything to show that the price the repair company quoted was the ENTIRE quote, not just a quote for the parts, or that you did not hear or understand everything they told you up front. It could be an honest mistake in that they did only tell you the price for parts believing you understood there would be additional cost for labor; likewise, it could be an honest mistake that you did not hear or understand the price quote terms. This is why people put things in writing. The writing should have stated something to the effect of "The repair will cost X for parts and Y estimated for labor. If the cost will exceed X+Y by Z%, then company shall inform tractor owner prior to performing such work and shall not perform such work without tractor owner's express approval." I draft contracts for a living, and it is situations like this that prove why it is a valuable service.

Now, your options are limited: 1) Pay the full repair cost; 2) Don't pay any of the repair cost and take them to court to sort it out.

Only an attorney who has reviewed all the specifics of your case can give you a full opinion and advise you of your rights and responsibilities. You understand that my opinion is limited to the scant facts you have presented. If you would like to pursue a claim in this matter, you should retain an attorney as soon as possible to protect your rights.

Good luck to you!

P.S. This should be in "General Civil Litigation" catagory.

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Answered on 7/02/09, 2:59 pm


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