Legal Question in Business Law in Michigan

If you didn't sign a contract with the lawn care service and they did the application anyway, are you obligated to pay for it?

My neighbor had this lawn care service since 2007 and every year when the service staff wanted to provide the application they came to knock on her door to have her permission to perform the application. But last year their performance is not good because there were weed in my nieghbor's lawn so she complained to the lawn care company but no further action was taken by the lawn care company ).

This year the lawn care company came back to do the application again without knocking on their door to get the permission and sent out the bill. (the lawn care company said because no body was home)

My neighbor has asked me to call for her to tell the lawn care company that she has already had contract with another company and the lawn care company's staff said that no matter what, they will keep on collecting the bill since my neighbor was their old customer and she did not call to cancel the service.

I asked her that could I talked to her manager then I was put on hold for a while then this female manager answer the phone and said that it is very common that they did it this way without customer's permission since they were not home. And after I asked her is there any regulation on the contract said that the service will continue if the customer did not cancel it, she said it is a general form that sent out to my neighbor on 2007. She said she does not have it, my neighbor should have it. And then she said that why doesn't your neighbors call themselves, I explained to her that my neighbor does not speak very fluent English and asked me to call on behalf of her. Then she began to say " Why should I even talk to you? Your nieghbor is the one that I should talk to."

I asked her may I have your name then she YELLED AT ME SAID "NO, I AM NOT GIVING YOU MY NAME! AND WHAT IS YOUR NAME?" I told her that since she does not want to give me her name then there is no need that I give her my name.

So, is my neighbor obligated to pay the bill even she did not approve their service?

What will happen if she choose not to pay?


Asked on 5/13/10, 8:11 am

1 Answer from Attorneys
Patrick Tracy Patrick J. Tracy, Esq, P.E.,

It depends on the terms of the original agreement. Many contracts contain an evergreen provision which is to renew the contract every month or nyear or for whatever term the contract was originally set for. I cannot comment further since I have not read the agreement.

Patrick Tracy

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Answered on 5/25/10, 11:12 am


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