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J. Warren
J. Warren, Lawyer
Category: Real Estate Law
Satisfied Customers: 2211
Experience:  Experience in residential real estate and commercial leases.
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My next door neighbor is demanding payment of 15,000

Customer Question

my next door neighbor is demanding payment of 15,000 for the balance of a 26,000 landscaping job done for us. while he still has some details to finish he has never shown me an itemized bill just five different amounts for projects nor did my husband sign a contract with this landscaper. i feel his pricing has been exhorbitant and he has strong armed me many times to keep adding in plants. some of the plants are dead or never replaced. a bistro patio sits in disrepair, to which he says he will not do anything more unless whole balance is paid
what are my rights having never seen a finished contract to sign for total bill? so far my husband and i have paid 10, 000 toward landscaping
Submitted: 7 months ago.
Category: Real Estate Law
Expert:  J. Warren replied 7 months ago.
Hello and welcome to JustAnswer. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.
Customer: replied 7 months ago.
What are my rights in Boone county Illinois?
Expert:  J. Warren replied 7 months ago.
Sorry you are dealing with this situation. Do you have a written contract or just a verbal agreement with regards ***** *****?This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 7 months ago.
i thought my landscaper and i had a verbal agreement to pay as each phase of yard was completed. Both my husband called to ask him to start with regrading and adding dirt. he says call never took place. asking other landscapers what they think about finished product, they respond what did he do that was 30,000 in total. he forced a natural wall with retaining material to keep water from going through holes ..
Customer: replied 7 months ago.
two masoned pillars with lamps do not turn on at night. i paid 436.00 to have them installed to landscaper family member. down spouting has large hole in it entering dirt. no retainer material to keep mulch from sidewalk. i have tried to negotiate twice with this man. for such a large amount of money i should have at least a listing of what plants are in my yard...he continued to add beds of plants driving up our overall all price just because it is a doctors' house? he has called me looney and a mental case....and cursed at my family living here for trying to screw him as he says. i just want justice and respect but he cannot be conversed with coming up with many reasons not to resolve this
Expert:  J. Warren replied 7 months ago.
So in addition to not showing you proper invoices he is doing poor work. A few things that may happen here, none of which are great options. First, the right to demand payment without showing an itemized list of the work, material etc.... is simply not ok. A landscaper would need to show this to a judge during a lawsuit for money owed as well as the next door neighbor who is claiming you owe 50% of the landscaping work. Until this is produced there is no obligation to pay.Next you have a valid counterclaim to any amount owed because the work performed was poor. Any amount claimed to be owed would be offset by the cost to have the material and job done correctly. An option rather then to counter sue would be to hire a landscaper to finish the work and have it done right and then sue the current landscaper for the amount it has cost you to have the job done right.There is a serious issue with no written agreement in that the terms can be disputed meaning you never agreed to what amount was to be paid and this further supports the position that you must see an itemized statement as to what is owed. Without that there is no payment. It is easy for me to say we paid what was fair, hire a new landscaper and then sue the old one for the amount it cost to have the job finished, however, this is an option that may put an end to this.Also, I do not want you to incur more fees, but a local attorney should be retained in the situation and get the legal battle rolling or put a stop to the non-sense beginning with a letter to the parties regarding need for invoice and issue with poor work and nothing is to be done further until there is something in writing.All my best and encouragement. Thank you for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! Please press a positive rating above this message box in the ratings section so I will be paid for my time assisting you on this matter. Pressing a positive rating will not cost any additional money - it is simply the trigger used by Just Answer to pay me for my time (pressing the middle star or the fourth or fifth star on the right are all positive rating buttons).

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