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Hi I called a company who i needed an estimate for a garage…

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Hi I called a company who...
Hi
I called a company who i needed an estimate for a garage door. When i got home i saw the estimate and an estimated install date. I never called the company back. The price was high. The next day when i got home i had a new door and on reciept it said credit card on file. NOT TRUE. The company never called to get credit card number prior to doing the work, the company never called to say they were at my house and going to start work, never confirmed i even had the money. I don't think they even know how to spell my name.
I wanna know how does an estimate turn into a contract without money?
i wanna know am i obligated to pay them?

Sequeeta payne [email protected]
Submitted: 6 years ago.Category: Consumer Protection Law
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Answered in 4 minutes by:
3/7/2012
Consumer Protection Lawyer: DCrane Law, Lawyer replied 6 years ago
DCrane Law
DCrane Law, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 25,285
Experience: Successful consumer advocate.
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Thank you for the post, I am happy to assist you by answering your questions. Did you sign the estimate?
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Customer reply replied 6 years ago
Yes
Consumer Protection Lawyer: DCrane Law, Lawyer replied 6 years ago
ok, what exactly did the signature line of the estimate state?
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Customer reply replied 6 years ago
I has a lot of verbage that is unclear to me, but there is a section that clearly states, "tech has explained service and price above, customer has given permission to start work and agrees to pay for completed work" i did not sign. After the work was done the reciept is on the same type of invoice paperwork. So i am unclear on what turned this estimate into a contract
Consumer Protection Lawyer: DCrane Law, Lawyer replied 6 years ago
In your most recent post, you stated "I did not sign" but in your prior post you did state that you signed the estimate. Please clarify.
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Customer reply replied 6 years ago
Ok at the bottom, there is a lot of verbage where my husband signed, but there is an area in the middle of the page that states" tech has explain...." That is not signed. And to clearify this was done by my husband, not me so I am not sure exactly what was said, so I have been goin back and forth with he said she said with the owner, tech and husband. So I believed he signed an estimate but owner is saying no. I don't understand how he would come put up a 1000 door without any credit card or any payment or confirmation of payment even if he feels there was a contract. I feel bad business because even that day, they never called me to say "hey we at yo house" or to confirm it was still ok or nothing.
Consumer Protection Lawyer: DCrane Law, Lawyer replied 6 years ago
Thank you, XXXXX XXXXX boils down to what the estimate states, because it was signed, that portion corresponding to the signature(s) is an enforceable agreement. If the estimate sets forth the price for what was to be performed, then it is an enforceable agreement, but if it fails to do then it is not a contract.
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Customer reply replied 6 years ago
Is there a such thing as a signed estimate?
Consumer Protection Lawyer: DCrane Law, Lawyer replied 6 years ago
Yes, which upon signature turns the estimate into a contract.
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Customer reply replied 6 years ago

This still doesn't seem like good business. The estimate wasn't signed by the homeowner. It could of been signed by anybody. No contact was made after the estimate was given. Is there no obligation by the company for me to verify that I am happy with the work at the time of finish?

 

Consumer Protection Lawyer: DCrane Law, Lawyer replied 6 years ago
The company's obligation is to comply with the terms of the estimate and perform the services described therein satisfactorily, If you are not happy with the work due to it being done negligently, they have the obligation to sure whatever defect exists prior to payment.
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Customer reply replied 6 years ago

So pretty much there was nothing in this matter they did wrong?

 

1. Did work with out confirmed payment

2. Did not notify me that they was at my house to do the work, nor when finished

3. Did not verify that the person signing the estimate was authorized to do so. Because he thought the whole time the company was there for nothing more than an estimate

4. The fact that I called for the estimate, they should of contacted me back directly to verify that I was ok with the estimate. The person who signed had no authorization.

 

I think #4 is the biggest. Since I called for the estimate. I should of been the one to give the ok and they should of made sure with ME that it was ok! I am the homeowner, not my husband. It could of been my daughter or friend there who signed. There has to be some gray area to who is authorized to sign a contract on a home.

Consumer Protection Lawyer: DCrane Law, Lawyer replied 6 years ago
If it were merely an estimate that was never signed, then there would no basis to charge you for the work as there is never an agreement for the work to be performed. Because the estimate was signed by your husband, whom presumably is also a homeowner, and therefore having authority to sign.
DCrane Law
DCrane Law, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 25,285
Experience: Successful consumer advocate.
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Customer reply replied 6 years ago
The key word is presumed. They never checked with me to make sure who he was and was he able to make those decisions. At that time they didn't know who he was to me. would it had made a difference if was my friend who signed the estimate. Never assume right?
Consumer Protection Lawyer: DCrane Law, Lawyer replied 6 years ago
Yes, if it were merely a friend, that would make a difference. But because he is not just a friend, it is a moot point.
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Customer reply replied 6 years ago

Good Morning,

FOLLOW UP QUESTION:

 

So I sent this garage door company an email stating that I was unhappy with the service but I guess that is all I have is to be unhappy and pay for bad service. I sent this email last Wednesday March 7th, after our conversation. I have not heard from this company at all, not phone call nor response back via email. Can they take legal action and put a lien on my house without further contact?

Consumer Protection Lawyer: DCrane Law, Lawyer replied 6 years ago
No, they must issue a notice of intent to place a lien.
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