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New landscaper promised the moon. He came and did a poor job…

Amy new landscaper promised...

Amy new landscaper promised the moon. He came and did a poor job of leaf blowing. I waited two weeks and asked when h could cut back the shrubs and clean the property as per contract. He became very irate, stormed off to his truck , said forget the money, called me a nasty name and slammed his car door. He is expecting payment with late fees! This will never happen.

Lawyer's Assistant: What state are you in? And is a local attorney or other consumer protection advocate helping with this?

New Jersey

Lawyer's Assistant: What steps have you taken so far?

This is my first step. I wanted to report him to the consumer board.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

He was dry aggressive. And hostile

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Answered in 42 minutes by:
5/17/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,189
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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I'm sorry to hear about your situation.

This appears to be a classic breach of contract if the landscaper did not fulfill his promise at all and did a poor job and never came back. You do not owe him any more money than you have already paid, even if you have paid nothing. A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. This applies even when there was no written agreement, but just an oral agreement between the parties. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach meaning a court would probably only require you to pay the reasonable value of his services. If the reasonable value is $0, then it's $0.

There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because you can download the forms right after purchasing. Click here to get started. What other questions did you have for me today that I can help you out with:-)?

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Hi, just wanted to double check to see if you had received my answer and what questions you had for me.

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Customer reply replied 3 months ago
He walked off and said forget the money

I see. If that is the case, then you could argue that this creates a valid modification if you agreed to forget the money. I think ultimately you shouldn't owe this person and I would recommend that you advise him as such.

Did you have any other questions for me today? If not, were you satisfied with my service today:-)?

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Customer reply replied 3 months ago
thankypu

The pleasure is all mine! Unless you have additional questions, there’s just a few other things I’d like you to know before we wrap up this conversation:

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Legal Eagle
Legal Eagle, Lawyer
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