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LegalGems, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 7036
Experience:  Research Attorney; Private Practice; Attorney Mentor; Mediator
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I just moved and the moving company damaged some furniture.

Customer Question

I just moved and the moving company damaged some furniture. They said they would send somebody. A few days later a guy came and repaired the furniture. After finishing he showed me the working order and the working order was written for the former owner of the house. I thought it would be the guy fro the moving company and signed that he has done the work and changed the name to mine. Now I received the invoice which should have gone to the moving company because I was under the impression that the order came from the moving company but this was not the case. It was a misunderstanding because the repair guy went to the wrong place ( my address ) and finished a job with no order from me. Who has to pay the bill now ? I refused because I did not order him and he insists because he did a job.
Submitted: 3 months ago.
Category: Consumer Protection Law
Expert:  LegalGems replied 3 months ago.

So to be clear, the person that did the repair was not under contract with the moving company, and the prior owner of the house actually had an appointment with the repair man for similar work, and the repair man made the repair based on the presumption that this was the job he was hired for?

Customer: replied 3 months ago.
that's correct
Customer: replied 3 months ago.
it is correct and we thought it was the guy ordered by the moving company to do our repair work.
Expert:  LegalGems replied 3 months ago.

Thank you;

under the doctrine of quantum meruit, a person that performs work must be compensated for it. In Latin it means "as much as he has deserved" and allows a performer to be compensated when there is no contract but a benefit is gained by the consumer.

It is an equitable remedy and the courts will use it to do justice between the parties.

So since a benefit was received, if the performer sued, the court would likely order the compensation for that person-compensation being a reasonable amount so if the invoiced amount is higher the court can reject that; the court will also look to see if the performer acted reasonably- ie in failing to confirm the identity of the person. (however, if he showed up and asked where the furniture that needed repaired was, the court may feel that was sufficient, because the chances of having another person at the same location with the same need is very rare).

The consumer can use that invoice and submit a claim with the moving company; if they refuse to pay the consumer would need to file in small claims court; the argument for repayment would be that the moving company was negligent in failing to provide a specific date/time for the repair man, and that the repair was in fact needed, so under the circumstances the moving company will pay the third party repair man.

If you give me your state I can get you information on small claims.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  LegalGems replied 3 months ago.

Checking in on the above;

thank you for using Just Answer!

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