Legal Question in Consumer Law in North Carolina

I signed a contract with a pest control company and it was my understanding I could get a refund if not pleased. It was a 2 part, first part out doors and then get the inside done. It was $50. I felt rushed and handed the paper here, sign here and I wil fill out the rest. So when I come home, I still had a lot of webs, everything is moved around and they used a hazardous material when I was told it was all natural. I cancelled my check and called the company to void the contract. The manager calls me today and said I owed $165 because in the fine print at the bottom it says of contract cancelled I owe the difference of the discount price.

So what is my argument to them, I only got half of the initial service, the insde was never done. Also on the contract it states to the right hand sign:

Intial Service Charge_____$165 crossed with a line through it

Net intial service charge____$50

Number ofregular services___$8

Regular Service charge_____$85__

Do I need to pay back the $50 or pay $165 or pay nothing and ignore him.


Asked on 6/04/10, 9:42 am

1 Answer from Attorneys
Rachel Hunter

Your "understanding" may or may not matter. What does the contract say and is the refund addressed in the contract? If not, you may be out of luck. Generally, read a contract BEFORE you sign it. Unless the contract is ambiguous, the language in the contract controls.

Something about your story does not make sense. If they did the outside, why are you complainig about webs on the inside, hazardous chemicals and things being moved? Did they do the inside or outside?

Assuming that you owe the cancellation fee, that does not excuse the shoddy job. Get an estimate from a legitimate professional and get him to write up an evaluation about what was not done or not done correctly by this company. Make an appointment with the boss at the first company or write a letter. Attach a copy of the report. Depending on what the numbers are - you may break even or he may owe you some money. You can also try filing a complaint with the NC Attorney General's office on the off chance that they see a lot of complaints regarding this company.

I can do this for you or a fee. Feel free to contact me.

Rachel Hunter

Attorney at Law

(6780-687-9693

Admitted in GA, PA & NC

Read more
Answered on 6/06/10, 9:19 pm


Related Questions & Answers

More Consumer Law questions and answers in North Carolina