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LegalGems
LegalGems, Lawyer
Category: Consumer Protection Law
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Experience:  Research Attorney; Private Practice; Attorney Mentor; Mediator
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Having dispute with a moving company. No physical survey done

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Having dispute with a moving company. No physical survey done even though within the stated mileage limit and no waiver signed for such. Have a "binding" estimate with a list of items and boxes to be moved. Major issue with number of boxes which company guided us through estimating. Company claims binding estimate not valid as more items (boxes) moved than on the estimate. Original estimate $6100. Charging $9400 which includes a shuttle charge which I know I am obligated to pay even if I disagree with price of surcharge. Paid 110% to get my items delivered. Company was three days late and blaming me for not being ready for the move out which affected their schedule. Company now trying to collect the additional $2400. Say they will be turning me over to my claims department which we are hoping to avoid as will be closing on a new home in 6 months. Any recourse?
Submitted: 11 months ago.
Category: Consumer Protection Law
Expert:  LegalGems replied 11 months ago.

LegalGems :

Hi! LegalGems here. I have extensive consumer law experience and will use this to assist you with your issue today. I am sorry to hear of this. Unfortunately, disputes with moving companies are not rare. If the number of boxes were estimated based on the company's professional advice, then typically the company would be responsible for any adjustments that were necessary due to an incorrect estimate. You mention the estimate was "binding" - unless there is a specific disclaimer that would exempt it from this binding classification, generally the parties are both obligated by the terms of the contract. For example, if less boxes were required, it is improbable that the moving company would reduce the "binding" price in such an event (of course, if this did occur you could claim you justifiably relied on their misrepresentation, thus incurring a larger moving price than necessary). I'm looking into a few resources; a few moments please.

LegalGems :

As acknowledged by Puco, a binding estimate is just that - binding. http://www.puco.ohio.gov/puco/index.cfm/consumer-information/consumer-topics/moving-in-ohio-know-your-rights-when-hiring-a-moving-company/



Generally, a moving company has the option of providing you with one of three kinds of estimates (clearly stated on the estimate):



  1. Nonbinding: the final cost of the move may exceed or be less than the amount contained in the estimate.

  2. Binding: the final cost must be the amount on the estimate.

  3. Guaranteed-not-to-exceed: the final cost must be at or lower than the amount contained in the estimate.

- See more at: http://www.puco.ohio.gov/puco/index.cfm/consumer-information/consumer-topics/moving-in-ohio-know-your-rights-when-hiring-a-moving-company/#sthash.bLSEGaDZ.dpuf


Generally, a moving company has the option of providing you with one of three kinds of estimates (clearly stated on the estimate):



  1. Nonbinding: the final cost of the move may exceed or be less than the amount contained in the estimate.

  2. Binding: the final cost must be the amount on the estimate.

  3. Guaranteed-not-to-exceed: the final cost must be at or lower than the amount contained in the estimate.

- See more at: http://www.puco.ohio.gov/puco/index.cfm/consumer-information/consumer-topics/moving-in-ohio-know-your-rights-when-hiring-a-moving-company/#sthash.bLSEGaDZ.dpuf
LegalGems :

Generally, a moving company has the option of providing you with one of three kinds of estimates (clearly stated on the estimate):



  1. Nonbinding: the final cost of the move may exceed or be less than the amount contained in the estimate.

  2. Binding: the final cost must be the amount on the estimate.

  3. Guaranteed-not-to-exceed: the final cost must be at or lower than the amount contained in the estimate.

- See more at: http://www.puco.ohio.gov/puco/index.cfm/consumer-information/consumer-topics/moving-in-ohio-know-your-rights-when-hiring-a-moving-company/#sthash.bLSEGaDZ.dpuf


Generally, a moving company has the option of providing you with one of three kinds of estimates (clearly stated on the estimate):



  1. Nonbinding: the final cost of the move may exceed or be less than the amount contained in the estimate.

  2. Binding: the final cost must be the amount on the estimate.

  3. Guaranteed-not-to-exceed: the final cost must be at or lower than the amount contained in the estimate.

- See more at: http://www.puco.ohio.gov/puco/index.cfm/consumer-information/consumer-topics/moving-in-ohio-know-your-rights-when-hiring-a-moving-company/#sthash.bLSEGaDZ.dpuf
LegalGems :

In the meantime, you can have an attorney review the binding clause of the contract to ensure there are no loopholes/exceptions (keeping in mind any ambiguities are resolved Against the drafter - a good thing here) and if there are none, they can write a letter stating that pursuing a claim that they know is invalid is against the Fair Debt Collection Practices Act, and the Fair Credit Reporting Act, and all legal remedies will be pursued (the act provides for a $1,000 fine for violations).

LegalGems, Lawyer
Satisfied Customers: 3524
Experience: Research Attorney; Private Practice; Attorney Mentor; Mediator
LegalGems and other Consumer Protection Law Specialists are ready to help you
Expert:  LegalGems replied 11 months ago.
I hope you found the information I provided useful. Let's hope the dispute is resolved quickly so you can focus on getting acquainted with your new town!
Future requests can be labeled "TO LEGAL GEMS" followed by your question.

It would be appreciated if you complete the admin's survey - it's like our report card!

Thanks, and take care!

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