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Zachary
Zachary, Attorney
Category: Legal
Satisfied Customers: 3926
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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In January of 2011 my parents made an oral agreement with gardener

Customer Question

In January of 2011 my parents made an oral agreement with gardener they saw across the street to service our front yard. About a month later I bought the house and told the gardener i would pay for his month of service and to send me an invoice. However, he did stop coming and did not send me an invoice. I received an invoice for the entire year at the end of 2011 and again I told him to stop coming and to send me an invoice for the one month. I sold the house in February of 2013 and now he is still trying to get me to pay him for services since January of 2011 as he was still coming and cutting the lawn all this time, even though I have never paid him. He is advising me he will contact an attorney. Am I liable to pay for these services even though I have instructed him to stop some time ago?
Submitted: 1 year ago.
Category: Legal
Expert:  Zachary replied 1 year ago.
Hi,

Thank you for your question.

I'm a bit unclear on how this occurred. When he would come and actually start the gardening services through the year, how come no one stopped him?
Customer: replied 1 year ago.

I work very long hours and lived alone. on the very few occasions that i saw him i would tell him to stop services, I would also send him letters to stop services.

Expert:  Zachary replied 1 year ago.
Thank you for your response.

To put it simply, the answer is that you do not owe him any money. He cannot create a situation where he has a claim for money for work provided if he was repeatedly told that he was not supposed to do the work.

However, he will be able to make a claim, and it will be up to you to rebut the claim through proof that you told him to stop working. You said you sent letters. Do you have copies and proof of sending the letters?
Zachary, Attorney
Category: Legal
Satisfied Customers: 3926
Experience: Lead trial/International commercial attorney licensed 11 yrs
Zachary and 12 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

I dont have copies of the letters or proof other than relatives that i have told this to.

Expert:  Zachary replied 1 year ago.
You telling the relatives something will be considered "hearsay", unless they actually heard you say it to the gardner.

In the end it will be his word against your's without any extraneous proof.

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