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LegalGems, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 10022
Experience:  Research Attorney; Private Practice; Attorney Mentor; Mediator
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I had ServPro come in and dry my basement and take care of a

Customer Question

I had ServPro come in and dry my basement and take care of a small amount of Mold. Their estimate was $4,900.00 when I got the actual bill it was for 6150.00. I told them that was a 25% mistake and asked that they split the difference with me because of the miss quote.
The said no do I have any recourse
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  LegalGems replied 1 year ago.

Did the estimate state there may be a certain percent overage? or was it a firm quote? written or oral?

Customer: replied 1 year ago.
No % ,an estimate , written
Expert:  LegalGems replied 1 year ago.

Thank you;

An agreement must contain four essential elements to be regarded as a contract. If any one of them is missing, the agreement will not be legally binding.
1. Offer
2. Acceptance
3. Intention (meeting of the minds)
4. Consideration (fair value exchanged)

Once an estimate is accepted by the customer and work is performed, then that is considered the offer, acceptance and the contract is formed.

The consumer protection statute protects against misrepresentations (please see subsec 11: 11) Advertises goods or services with intent not to sell them as advertised;) that statute is here:

Just as the consumer cannot aribtrarily reduce a contractual price, the seller cannot arbitrarily raise it. To do so is considered breach, and an unlawful business practice.

If they sue for the difference, the estimate can be shown as evidence that they are not entitled to additional sums. Small claims is appropriate for cases under $3000 of amount in dispute - please see:

You can also attempt voluntary mediation with the Better Business Bureau as that often results in a satisfactory outcome.

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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 1 year ago.

Hi- just checking in to see if you needed clarification on any of the above information. If so please post here (there is no additional charge for this) and I will do my best to get you the requested information.

Thank you!