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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
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Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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My fiance runs a lawn care business out of Michigan. He was

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My fiance runs a lawn care business out of Michigan. He was asked by two elderly customers to clean their gutters last fall and agreed. He was busy and it got cold too quickly. The gutters froze and he couldn't do anything. This spring, there was a major storm and one of the customer's basements flooded. She claims that it was because he didn't clean her gutters. The other customer's gutters were still full, though, and her basement did not flood. Anyway, the customer with the rain damage wants my fiance to work off the $500 deductible from her homeowner's insurance. Not thinking, he agreed. Now, he's talked to many different people who all agree that this customer is just out to get a free lunch and that it wasn't the gutters, it was the poor foundation of the house. My question is: If my fiance tells his customer that he won't pay for or work off the $500, can she successfully sue him without any written contracts. There was no time established that he would clean them.
Submitted: 5 years ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 5 years ago.
She can sue him, but it is unlikely she would be successful in doing so. Without written contracts, oral agreements (under the statute of frauds) are enforced only when partial performance has been rendered. He made an oral agreement with her to clean the gutters, but it is vague since no time limit was set to perform. Also, his promise to pay (work of the deductible) would have to be in writing to be valid and thus, her chances of success if she sues would be limited, even more because she would have to prove it was the gutters that caused the flooding which she will have a hard time doing since the other house did not flood under the same conditions.

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Customer: replied 5 years ago.
Does it matter that she's blind?
Expert:  Law Educator, Esq. replied 5 years ago.
No, it does not really matter that she is blind, unless he charged her for cleaning the gutters and told her he cleaned them and did not.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 89392
Experience: All corporate law, including non-profits and charitable fraternal organizations.
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