Legal Question in Consumer Law in Pennsylvania
contract dispute
I put a deposit down with a
landscaper on a project. No contract
was signed and no cancellation fees
were discussed. 5 days later I
cancelled the project and the
contractor informs me he is only
refunding 50% of my deposit. He is
charging me for time he spent driving
to my house and consulting with me.
This fee was never discussed. He tells
me if I had gone through with the
project these fees were built in. Is
this legal for him to charge me for
activities I did not know about or
agree to?
1 Answer from Attorneys
Re: contract dispute
The landscaper should not be able to keep fees you did not agree to pay; however with the law there is always a however. If you sue him to recover your full deposit it is unlikely that he will remember things quite the same way you remember them. He might also say he relied on your promise to hire him to his detriment, i.e. he spent time and money preparing to do your work; he gave up some other opportunity, etc.
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