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Steinlaw
Steinlaw, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 1811
Experience:  Consumer law attorney, author of California Debt Blog, Businessweek.com top foreclosure attorney
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I found some termites in one of the wall in my house and called

Customer Question

I found some termites in one of the wall in my house and called Orkin to do an inspection. I showed the inspector, Tri Dinh, the area where termites were found and wanted him to provide a price to fix the problem. After his so call inspection he say fumigation will fix the problem and base on the house size it will cost $2300. I agree to it and sign the contract to have them start the treatment.
A month after the fumigation I found out that the termites were still there, at the same wall where I showed the inspector, and called Orkin about this issue. They send Kevin, a technician, out to look at it and he saw that there were still termites there. So Kevin spray some termite killing chemical in to that wall. I was not satisfy that all the termite were gone because the fumigation did not work.
A few days after Kevin came, Orkin send out Tri Dinh, the first inspector. He tells me that these termites are Subterranean termites and fumigation will not work, so that to fix the problem I will need to sign a different contract for treatment on this type of termite, which will cost another $2000.
The inspector never said anything about multiple type of termites or multiple contract involved. I was let to believe that the price I pay was to fix the problem.
I have already receive the bill for over $2300 however the termite problem is still there and now they want another $2000 to complete the treatment. Do I need to pay for service that has not been completed?
Submitted: 6 years ago.
Category: Consumer Protection Law
Expert:  Phillips Esq. replied 6 years ago.

 

Thank you for giving me the opportunity to assist you. I encourage you to ask me for clarification, if you are not clear with my Answer.

 

I found some termites in one of the wall in my house and called Orkin to do an inspection. I showed the inspector, Tri Dinh, the area where termites were found and wanted him to provide a price to fix the problem. After his so call inspection he say fumigation will fix the problem and base on the house size it will cost $2300. I agree to it and sign the contract to have them start the treatment. A month after the fumigation I found out that the termites were still there, at the same wall where I showed the inspector, and called Orkin about this issue. They send Kevin, a technician, out to look at it and he saw that there were still termites there. So Kevin spray some termite killing chemical in to that wall. I was not satisfy that all the termite were gone because the fumigation did not work. A few days after Kevin came, Orkin send out Tri Dinh, the first inspector. He tells me that these termites are Subterranean termites and fumigation will not work, so that to fix the problem I will need to sign a different contract for treatment on this type of termite, which will cost another $2000. The inspector never said anything about multiple type of termites or multiple contract involved. I was let to believe that the price I pay was to fix the problem. I have already receive the bill for over $2300 however the termite problem is still there and now they want another $2000 to complete the treatment. Do I need to pay for service that has not been completed?

 

Response: No you do not. There has been material misrepresentation here. They should have known that the termites are "Subterranean termites" the first time that they came out and gave you a quote. Had it been that you knew that the fumigation would not work on that type of termites, you would not have signed the contract for the fumigation in the first place. The company owes you the full refund of your money for spraying poison into your home, poison that turned out not to be the right kind for the type of termites involved.

 

Customer: replied 6 years ago.
What steps do I need to take in order to settle this claim?
Expert:  Steinlaw replied 6 years ago.
I am sorry you are going through this.

First, send a letter to the company explaining what you explained here and demand a refund in the next 30 days. If you get one, great. If you do not get one, sue the company in small claims court.

Good luck.
Steinlaw, Lawyer
Satisfied Customers: 1811
Experience: Consumer law attorney, author of California Debt Blog, Businessweek.com top foreclosure attorney
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