Legal Question in Business Law in Georgia
I had a 30 foot tree fall in my back yard, and I discovered the root system of the fallen tree was rotten along with 2 other trees it was next to. So I decided to get estimates to remove the remaining 2 standing trees, and the pile of debris left from the fallen tree. I got a couple estimates, and a rep from another company came out (while I was home) to give me another estimate. I spoke with him briefly, but his English was very broken. His bid was by far the lowest so I asked him to email me a written quote along with a certificate of insurance. He sent me the estimate (2 days later than he said he would), and I followed up (via email) to make sure he understood the nature of the project (cut down 2 trees, remove debris, etc.). At no point did I agree to the work nor did I return the estimate which included a customer signature/authorization line. A couple days passed, and when I got home for lunch this landscaper was already there taking down the trees. The piles of debris were already removed so I wasn't sure what to do. I told him I was still getting estimates, but he thought I agreed to start the work. The orignal quote he gave me was $600 so I asked if he could bump it down to $500 since I never agreed to do the work. At that point I wasn't sure what to do since most of the work was already done. He agreed to $500 so I gave him my credit card info and left. My question is......Am I obligated to pay for this service? I never authorized the work and never signed anything, but I did agree to $500 once I came home and realized the work was already almost done.
2 Answers from Attorneys
If all of the facts are as you stated, in the end you made a verbal contract to pay him $500, and he did the work, so you'd owe $500.
You and the landscaper acknowledged the dispute, and you offer to resolve it and it was accepted. Whether it was a real understanding, or the landscaper was trying to pull something, you agreed to pay. If the work was completed, are you now trying to get the work for free, even after apparently paying a lot less than you would have paid others?
Giving them your credit card information under these circumstances is another question. That may turn out to be a mistake.
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